K.K.P Wind Farms Pvt Ltd v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.31759, 31762 & 31765 of 2024 in WMP.Nos.34510, 34512 & 34514 of 2024 KKP. Wind Farms Pvt. Ltd., No.88, Salem Road, Namakkal, Rep. By its Authorized Signatory P.Chinnasamy ... Petitioner in W.P.No.31759 of 2024 KKP. Fabrics Pvt. Ltd., No.88, Salem Road, Namakkal, Rep. By its Authorized Signatory P.Nallathambi ... Petitioner in W.P.No.31762 of 2024 KKP. Wind Farms Pvt. Ltd., No.331/108, Salem Road, Namakkal, Rep. By its Authorized Signatory P.Chinnasamy
...Petitioner in W.P.no.31765 of 2024
Vs.
1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-2.
2. The Chief Engineer, Non-conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.
1/6
3. The Director Generation, TANGEDCO, Anna Salai, Chennai.
....Respondents 1 to 3 in all the writ petitions
4. The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
... 4th Respondent in W.P.no.31759, 31762 & 31765 of 2024 Prayer in W.P.No.31759 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioners HTSC No.049094370257 until the entire outstanding dues of Rs.33,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC. No.049534370021 is paid or give adjustment in the current consumption charges payable by petitioner's till the entire amount is adjusted.
Prayer in W.P.No.31762 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioners HTSC No.049094370175 until the entire outstanding dues of Rs.1,50,00,000/- payable to the petitioner along with interest towards refundable security 2/6
deposit in the account of the petitioners solar power plant HTSC. No.029534180007 is paid or give adjustment in the current consumption charges payable by petitioner's till the entire amount is adjusted. Prayer in W.P.No.31765 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioners HTSC No.049094370257 until the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners solar power plant HTSC. No.049534370051 is paid or give adjustment in the current consumption charges payable by petitioner's till the entire amount is adjusted.
In all the W.P.s For Petitioners :
Mr.R.S.Paniyaraj For Respondents :
Mr.D.R.Arunkumar COMMON ORDER Since the issue involved in the present writ petitions are one and the same they are disposed of by way of this common order.
2. Considering the limited prayer sought for in these Writ Petitions, these Writ Petitions are taken up for disposal at the admission stage with the 3/6
consent of the learned counsel appearing on either side.
3. The issue is no longer res integra. This Court had considered similar matters and had directed the respondents to adjust the refundable security deposit. There is no dispute regarding the fact that all the petitioners have commissioned the power plant within the specified time and that they are entitled to refund.
4. In view of the same, there will be a direction to the respondents to adjust the respective security deposit in the current consumption charges payable by the petitioners. Such adjustment shall start from the next bill. Till such adjustment is over, they shall not disconnect and the needful as indicated above shall be undertaken by the respondents and the communication to be made to the petitioners within a period of two weeks from the date of receipt of a copy of this order.
5. With these directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 24.10.2024 4/6
rli Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No To
1. The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-2.
2. The Chief Engineer, Non-conventional Energy Sources, TANGEDCO, 144, Anna Salai, Chennai-2.
3. The Director Generation, TANGEDCO, Anna Salai, Chennai.
4. The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
5/6
M.DHANDAPANI, J.
rli W.P.Nos.31759, 31762 & 31765 of 2024 24.10.2024 6/6