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Madras High CourtWP/34564/2024disposed of

Sri Vela Smelters Pvt Ltd v. The Chairman

2024-11-19Honourable Mr Justice S. Sounthar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.37476 of 2024 Sri Vela Smelters P Ltd., No.76-D Velur Road, Tiruchengode, Namakkal By its Authorized Signatory Thiruchengode Marimuthu Murugesan ... Petitioner vs.

1.The Chariman, 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, 44, Anna Salai, Chennai-600 002.

4.The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal ... Respondents 1/7

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No. 049094220231 the entire outstanding dues of Rs.60,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No. 069534420095 is paid or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.D.R.Arunkumar Standing Counsel for TNEB

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks issue of Writ of Mandamus, forbearing the Respondent and their men, agents from collecting current consumption 2/7

charges, demand charges and any arrears from the petitioner's HTSC No. 049094220231 till the entire outstanding dues of Rs.60,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No. 069534420095 is paid or given adjustment in the current consumption charges payable by the Petitioner.

3. It is the case of the petitioner that it applied for establishment of 6MW Solar Power Plant as per TNERC's Solar Order. As a precondition, the petitioner deposited a sum of Rs.60,00,000/- towards refundable security deposit. It is stated that the said deposit was made subject to the condition that the petitioner shall commission the solar plant within 12 months. If the petitioner adhere to the time schedule for commissioning of plant, it is entitled to refund of the entire amount. In the case on hand, the petitioner was issued with letter for commissioning of Solar Power Plant by the 3rd respondent on 01.07.2024 and commissioning of the Plant was completed within 3 months on 02.09.2024. Therefore, the petitioner is entitled to refund of the security deposit.

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4. Inspite of several representations made by the petitioner, the respondents failed to refund the deposit amount, therefore, the petitioner has come before this Court with a prayer to adjust the current consumption charges payable by the petitioner with the security deposit made by it for commissioning of the solar power plant, which is refundable by the respondent to the petitioner.

5. Mr.D.R.Arunkumar, learned Standing Counsel for TNEB, who is taking notice for the respondents, on instructions, would submit that there is no dispute with regard to the commissioning of the solar power plant within time and hence, the petitioner is entitled to refund of the security deposit.

6. In similar cases, this Court directed the respondents to adjust the amount payable by the petitioners with refundable security deposit (i.e.,order in W.P.No.33439 of 2024). Therefore, this Court is inclined to pass similar order in this writ petition also.

7. In view of the undisputed position that petitioner is entitled to refund of security deposit, the respondents are directed to adjust the security 4/7

deposit amount of Rs.60,00,000/- (Solar Power Plant HTSC.No.069534420095) lying with them towards current consumption charges, demand charges etc., payable by the petitioner (HTSC No.049094220231), till the entire security deposit amount gets exhausted. The respondents shall not disconnect the power connection on the ground that the petitioner failed to pay the consumption charges, till the adjustment of entire security deposit amount of Rs.60,00,000/- as against charges payable by the petitioner.

8. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 19.11.2024 (2/2) Index : Yes/No Speaking order:Yes/No dm 5/7

To 1.The Chariman, 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.

4.The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.

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S.SOUNTHAR, J.

dm 19.11.2024 (2/2) 7/7