S.D.M.Cot Spin(India)Private Ltdd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.35443, 35445 & 35454 of 2024 W.P.No.32599 of 2024 S.D.M. Cot Spin (India) Private Limited, Managalam Road, Palladam, Coimbatore - 641 664, Rep. by its Authorised Signatory Mr.S.Dharnamurthy ... Petitioner Vs.
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4.The Superintending Engineer, TANGEDCO, Dindugal Electricity Distribution Circle, Dindugal.
5.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
... Respondents W.P.No.32603 of 2024 S.D.M. Cot Spin (India) Private Limited, Managalam Road, Palladam, Coimbatore - 641 664, Rep. by its Authorised Signatory Mr.S.Dharnamurthy ... Petitioner Vs.
4.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
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5.The Superintending Engineer, TANGEDCO, Dindugal Electricity Distribution Circle, Dindugal.
... Respondents W.P.No.32609 of 2024 M/s.M.D.P. Trading, No.245/1-B, Singanoor to Pongaloor Road, Singanoor Village, Madhapur Post, Palladam - 641 664, Rep. by its Authorized Signatory, Mr.M.Mohamed Ashiq ... Petitioner Vs.
4.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
... Respondents Prayer in W.P.No.32599 of 2024 : Writ Petition filed under Article 226 of Page No.3 of 8
the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the 5th respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094390292 and HTSC No.059094500494 the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.079514700559 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
Prayer in W.P.No.32603 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the 4th respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094390292 and HTSC No.059094500494 the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.079514700439 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
Prayer in W.P.No.32609 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the 4th respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094390589 the entire outstanding dues of Rs.10,00,000/- Page No.4 of 8
payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.079514700473 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner (in all WPs) : Mr.J.Karuppiah For Respondents (in all WPs) : Mr.L.Jai Venkatesh Standing Counsel ***** COMMON ORDER Since the issue involved in these writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions were heard together and disposed of by this common order.
2. Mr.L.Jai Venkatesh, learned Standing Counsel, takes notice on behalf of the respondents in all the writ petitions.
3. The issue involved in these writ petitions 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 Page No.5 of 8
specified time and that they are entitled for refund.
4. In view of the same, there will be a direction to the respective respondents to adjust the respective security deposit in the current consumption charges payable by the respective petitioners. Such adjustment shall start from the next bill. Till such adjustment is over, the respondents shall not disconnect the electricity connection 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 the above directions, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 30.10.2024 Index : Yes / No Speaking Order : Yes / No sp Page No.6 of 8
To 4.The Superintending Engineer, TANGEDCO, Dindugal Electricity Distribution Circle, Dindugal.
5.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
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M.DHANDAPANI,J.
sp 30.10.2024 Page No.8 of 8