Mar Renewable Energy Private Limited, v. Tamil Nadu Generation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR MAR Renewable Energy Private Limited, Represented by its Director, Mrs. Haseena Banu, No.93, Janakiammal Layout, Karungalpalayam, Erode 638 003.
... Petitioner vs.
1. The Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai 600 002.
2.The Chief Engineer, Non - Conventional Energy Sources, Tamil Nadu Green Energy Corporation Limited, No.144, Anna Salai, Chennai 600 002.
3.The Chief Financial controller / Revenue 7th Floor, East Wing, No.144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, 1/8
Tuticorin Electricity Distribution Circle, Tuticorin District.
5. The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Coimbatore District.
... Respondents 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 user until the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant in Solar HTSC No.079514700577 is paid or give adjustment in the current consumption charges payable by petitioner's group captive user in HTSC No.039094300744 of Coimbatore - North EDC till the entire amount is adjusted, based on the petitioner's representation dated 22.10.2024 submitted to the second respondent within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Senthil For Respondents : Mr.D.R.Arunkumar Standing Counsel for TNEB
O R D E R
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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 respondents from collecting current consumption charges, demand charges and any arrears from the petitioner's user until the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of petitioner's Solar Power Plant in Solar HTSC No.079514700577 is paid or given adjustment in the current consumption charges payable by petitioner's group captive user in HTSC No. 039094300744 of Coimbatore - North EDC till the entire amount is adjusted, based on the petitioner's representation dated 22.10.2024 submitted to the second respondent within a time frame as may be fixed by this Court.
3. It is the case of the petitioner that it applied for commissioning of 3/8
1MW Solar Power Plant as per TNERC's Solar Order. As a precondition, the petitioner deposited a sum of Rs.10,00,000/- 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 respondent on 05.02.2024 and commissioning of the Plant was completed within 3 months on 30.04.2024. Therefore, the petitioner is entitled to refund of the security deposit.
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 4/8
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. Therefore, 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. 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 deposit amount of Rs.10,00,000/- (Solar Power Plant HTSC No. 079514700577) lying with them towards current consumption charges, demand charges etc., payable by the petitioner's in respect of his service connection number (HTSC No.039094300744). 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.
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8. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 02.12.2024 Index : Yes/No Speaking order:Yes/No av To
1. The Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai 600 002.
2.The Chief Engineer, Non - Conventional Energy Sources, Tamil Nadu Green Energy Corporation Limited, No.144, Anna Salai, Chennai 600 002.
3.The Chief Financial controller / Revenue 7th Floor, East Wing, No.144, Anna Salai, Chennai - 600 002.
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4. The Superintending Engineer, Tuticorin Electricity Distribution Circle, Tuticorin District.
5. The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Coimbatore District.
S. SOUNTHAR, J.
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