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Madras High CourtWP/46329/2025disposed of with direction

Excel Cotspin (India) Pvt Ltd., v. The Chairman

2025-11-27Honourable Mr Justice M.Dhandapani9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.46329, 46339 & 46344 of 2025 and W.M.P.Nos.51686, 51689 & 51693 of 2025 Excel Cotspin (India) Pvt Ltd., Shenbagapudur Post, Sathyamangalm Taluk, Erode -638402, Represented by its Authorised Signatory R.Bommanasamy ... Petitioner (In W.P.No.46329 of 2025) M/s Tejomaya Infrastructure Pvt Ltd., No.85, Pillaiyar Koil Street, Golden George Nagar, Chennai-600107 Represented by its Authorized Signatory A.Prabaharan ... Petitioner (In W.P.No.46344 of 2025) Pandian Textiles Mills Pvt.Ltd Regd Off:21, Dharapuram Road, Thillai Nagar, Tiruppur-641604 repd By its Authorised Signature R.Bommanasamy ... Petitioner (In W.P.No.46339 of 2025) Vs.

1. The Chairman, Tamil Nadu Power Distribution Corporation Limited, (TNPDCL), 144, Anna Salai, Chennai-600 002.

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2.Chief Engineer, Non Conventional Energy Sources, Tamil Nadu Power Distribution Corporation Limited (TNGECL), 144, Anna Salai Chennai-600 002.

3.Director-Generation, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 144, Anna Salai, Chennai - 600 002.

... Respondents (In all W.Ps) Prayer in W.P.No.46329 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to refund Rs.5,00,000/- payable to the petitioner towards refundable security deposit.

Prayer in W.P.No.46344 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to refund Rs.50,00,000/- payable to the petitioner towards refundable security deposit. Prayer in W.P.No.46339 of 2025 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to refund Rs.5,00,000/- payable to the petitioner towards refundable security deposit.

For Petitioner : Mr.R.S.Pandiyaraj (In all W.Ps) For Respondents : Mr.D.R.Arun Kumar (In all W.Ps) ***** Page No.2 of 9

COMMON ORDER These Writ Petitions have been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents to refund Rs.5,00,000/- each payable to the respective petitioners towards refundable security deposit.

2. Mr.D.R.Arun Kumar, learned Standing Counsel, accepts notice on behalf of the respondents. With the consent of the learned counsel appearing for the parties, these Writ Petitions are taken up for final disposal at the stage of admission itself.

3. The respective petitioners made their applications to the respondents for establishment of Solar Power Plant as per TNERC's Solar Order No.5 of 2018 dated 28.03.2018 and they had paid a sum of Rs.6,46,809/- each on 22.01.2021. Subsequently, the petitioners' proposals were dropped at the stage of making applications and load flow study itself. Accordingly, the petitioners have been claiming refund of their respective refundable security deposits through various representations. Since, the respondents have not taken any action on the same till date, the petitioners have come up with these writ petitions. Page No.3 of 9

4. Though very many grounds have been raised in these writ petitions, learned counsel appearing for the respective petitioners submits that, it would suffice, if this Court issues a direction to the 2nd respondent to refund the respective security deposits payable to the petitioners by considering their representations, within a time frame that may be fixed by this Court.

5. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the petitioners to submit a copy of their representations along with the copy of this order to the 2nd respondent within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of the same, the 2nd respondent is directed to consider the petitioners' representation, on merits and in accordance with law and pass appropriate orders, within a period of four (4) weeks thereafter, after affording an opportunity of personal hearing to the respective petitioners and aggrieved persons, if any.

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6. With the above direction, these Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

27.11.2025 Index : Yes / No Speaking order / Non-speaking order Nhs To

1. The Chairman, Tamil Nadu Power Distribution Corporation Limited, (TNPDCL), 144, Anna Salai, Chennai-600 002.

2.Chief Engineer, Non Conventional Energy Sources, Tamil Nadu Power Distribution Corporation Limited (TNGECL), 144, Anna Salai Chennai-600 002.

3.Director-Generation, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 144, Anna Salai, Chennai - 600 002.

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M.DHANDAPANI, J.

Nhs W.P.Nos.46329, 46339 & 46344 of 2025 and W.M.P.Nos.51686, 51689 & 51693 of 2025 27.11.2025 Page No.6 of 9

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W.P.Nos.46329, 46344 & 46339 of 2025 M.DHANDAPANI, J This Petition has been listed under the Caption "For being mentioned" at the instance of the parties.

2. When the matter is taken up, it is brought to the notice of this Court that, a typographical error has crept in the order dated 27.11.2025, wherein, the refund amount payable to the petitioner in respect of W.P.No.46344 of 2025 has inadvertently been omitted to be typed, and hence, it is prayed for necessary corrections in the said order.

3. In view of the above, para 1 of the order dated 27.11.2025, shall stand modified as under:- "These Writ Petitions have been filed by the petitioners seeking for a Writ of Mandamus, to direct the respondents to refund a sum of Rs.5,00,000/- each to the respective petitioners in W.P.Nos.46329 & 46339 of 2025 and a sum of Rs.50,00,000/- to the petitioner in W.P.No.46344 of 2025 towards refundable security deposit."

4. Registry is directed to carry out the aforesaid corrections in the order dated 27.11.2025 and issue fresh order copies to the parties. 30.01.2026 Nhs M.DHANDAPANI, J.

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Nhs W.P.Nos.46329, 46344 & 46339 of 2025 30.01.2026 Page No.9 of 9