This is a writ petition dismissed by consent. The court directed the respondent to adjust current electricity consumption charges against the refundable security deposit owed to the petitioner, effective from October 2023.
Directed respondent to adjust current consumption charges against refundable security deposit payable to petitioner, effective from October 2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.26733 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023
CORAM
MR.JUSTICE N.SESHASAYEE
W.P.No.26733 of 2023 and W.M.P.No.26165 of 2023
Enkay Textile 444, Enkay Illam, Karaiyanpudur Pappinaickenpatty (Po), Namakkal 637 003 Repd. by its Authorized Signatory P.Karthick
... Petitioner
Vs.
1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
2.The Chief Engineer Non-Conventional Energy Sources Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
3.Director - Generation
Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
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W.P.No.26733 of 2023
4.The Superintending Engineer TANGEDCO
Namakkal Electricity Distribution Circle Namakkal ... Respondents
PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, forbearing the respondent and their men, agents from collecting current consumption charges, demand charges ad any arrears from the petitioner's HTSC No.049094370377 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.059514500144 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.S.Kalaiselvam Standing Counsel for TANGEDCO
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.This petition is filed seeking refund of a security deposit of Rs.10 lakhs
which the respondent is duty bound to repay. The deposit was made by
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W.P.No.26733 of 2023
establishing solar power plant and as per the norms once the solar power plant is commissioned, the respondent is obligated to refund the security deposit.
3.Mr.S.Kalaiselvan, the learned standing counsel takes notice for the TANGEDCO.
4.This Court understands that the respondent is also raising current consumption charges against the petitioner and this court now directs that the respondent is required to adjust its current consumption charges against the refundable deposit, which it is obligated to do. This arrangement will commence from October 2023.
5.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
12.09.2023 (1/6)
kas
N.SESHASAYEE, J.
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W.P.No.26733 of 2023
kas
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 Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
4.The Superintending Engineer TANGEDCO Namakkal Electricity Distribution Circle Namakkal
W.P.No.26733 of 2023 and W.M.P.No.26165 of 2023
12.09.2023 (1/6)
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1 issue framed by the court
Whether the respondent must adjust current consumption charges against the refundable security deposit payable to the petitioner.
1 provisions across 1 enactments
Enkay Textile
Tamil Nadu Generation and Distribution Corporation Limited
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
