New Vision Wind Power(Pvt) Ltd., v. The Chairman

2023:MHC:5206

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.33236 & 33239 of 2023 and WMP.Nos.32954 & 32955 of 2023 New Vision Wind Power (Pvt) Ltd No.12B, 1st Floor, Rangasamy Naidu Street, Opp to Trichy Road, Coimbatore - 641 005 repd By its Authorised Signature M.Balaji ... Petitioner in WP.No.33236 of 2023 M/s.Dev International, Kalapatti-Kurumbapalayam Road, Coimbatore-641 048.

By its Proprietrix D.Usha Devarajan ... Petitioner in WP.No.33239 of 2023 Vs 1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.Chief Engineer, Non Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

3.Director Generation TANGEDCO, 144, Anna Salai Chennai-600 002.

... Respondents in both WPs 1/4

PRAYER in WP.No.33236 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondnets to refund the Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514500104.

PRAYER in WP.No.33239 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondnets to refund the 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.039504380045.

(In both WPs) For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Ms.R.Rebecca Vasanthini Percy for Mr.D.R.Arun Kumar COMMON ORDER The petitioners seek writ of mandamus directing the respondents to refund Rs.20,00,000/- (WP.No.33236 of 2023) and Rs.10,00,000/- (WP.No.33239 of 2023) with interest being the refundable security deposit made by the petitioners for the purpose of commissioning of solar power plant. 2.It is not in dispute that the petitioners have commissioned the solar power plant and it is working. Ms.Rebecca Vasanthini Percy, learned counsel on behalf of Mr.D.R.Arunkumar, learned Standing Counsel for the respondents confirms the liability of the second respondent to refund the amounts to the petitioners.

2/4

3.Considering the same, there will be a direction to the second respondent to refund the security deposit to the petitioners with appropriate interest as provided in the contract within a period of eight (8) weeks from the date of receipt of a copy of this order.

4.These writ petitions are disposed in the above terms. No costs. Connected miscellaneous petitions are closed. 24.11.2023 Index : Yes/No Speaking order vs To 1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.Chief Engineer, Non Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.

3.Director Generation TANGEDCO, 144, Anna Salai Chennai-600 002.

3/4

Dr.ANITA SUMANTH, J.

vs W.P.Nos.33236 & 33239 of 2023 and WMP.Nos.32954 & 32955 of 2023 24.11.2023 4/4