Madras High Court
Siva Subramania Textiles vs The Chairman on 3 March, 2023
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2023
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.6642 of 2023
and W.M.P.No.6710 of 2023
Siva Subramania Textiles, (Plant-2),
2/1D, Avinashi Road,
Chinniampalayam,
Coimbatore – 641 062, Rep. by its
Authorised Signatory C.V.Ramamoorthy .. Petitioner
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. The Superintending Engineer
TANGEDCO,
Trichy Electricity Distribution Circle,
Trichirapalli.
https://www.mhc.tn.gov.in/judis
2
4. The Superintending Engineer,
TANGEDCO,
Coimbatore Metro Electricity Distribution Circle,
Combatore. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus or any other Writ or Direction in the
nature of a Writ, forbearing the Respondent and their men, agents from
collecting current consumption charges, demand charges and any arrears
from the petitioner's HTSC No. 39094350184 till 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. 069514420036 is paid or give adjustment in the current
consumption charges payable by the Petitioner till the entire amount is
adjusted.
For Petitioner .. M/s.R.S.Pandiyaraj
For Respondents
For R1 to R4 .. Mr.L.Jaivenkatesh (TNEB)
ORDER
The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondents forbearing them from collecting current consumption charges, demand charges and any arrears from the petitioner's https://www.mhc.tn.gov.in/judis 3 HTSC No. 39094350184 till 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. 069514420036 is paid or given adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
2. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner has a Solar Power Plant bearing Solar HTSC No. 069514420036. It is under the jurisdiction of the second respondent / the Chief Engineer, Non-Conventional Energy Sources, TANGEDCO, Chennai. It is stated that electricity is produced from the Solar Power Plant. The said electricity is also supplied to the respondents. It is stated that the petitioner had applied for establishment of the said Solar Power Plant. Security Deposit of Rs.5,00,000/- was paid on 18.03.2022 and another sum of Rs.5,00,000/- was paid on 18.03.2022. The plant was also commissioned. This was also informed. The petitioner claims refund of the refundable Security Deposit of Rs.10,00,000/- paid. It is stated that the respondents had not refunded the amount. The respondent has been collecting the current consumption charges and had also demanded charges and arrears https://www.mhc.tn.gov.in/judis 4 from the petitioner herein. The petitioner seeks adjustment of the refundable Security Deposit with the current consumption charges.
3. I am informed that there are several orders by learned Single Judges of this Court passed in this regard. A perusal of the same reveals that directions have been given to adjust the refundable Security Deposit, in this case, Rs.10,00,000/-, with the current consumption charges. Though the petitioner had sought that such adjustment to be made with interest at Rs.10,00,000/-, that request is not granted. The sum of Rs.10,00,000/- paid as a Security Deposit alone shall be adjusted with the current consumption charges from the next consumption bill raised by the second respondent herein. Till the adjustment is over, the petitioner should not suffer any order of disconnection.
4. The Writ Petition stands disposed of. No order as to costs. Consequently, connected Miscellaneous Petition is closed.
03.03.2023 (3/5) Index:Yes/No ata https://www.mhc.tn.gov.in/judis 5 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. The Superintending Engineer TANGEDCO, Trichy Electricity Distribution Circle, Trichirapalli.
4. The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Combatore.
https://www.mhc.tn.gov.in/judis 6 C.V.KARTHIKEYAN,J.
ata W.P.No.6642 of 2023 03.03.2023 (3/5) https://www.mhc.tn.gov.in/judis