Disposed

M/s.Saravana Green Energy LLP v. The Chairman

Madras HC1 Mar 2023WP/6202/2023

Case brief

AI extract

What is this about?

This is a writ petition under Article 226 seeking mandamus to direct TANGEDCO to adjust the petitioner's unpaid security deposit against current consumption charges. The bench confirmed prior directions adjusting the deposit from the next bill and ordered no disconnection pending adjustment.

What did the court decide?

Directed to adjust security deposit of Rs. 25,00,000 against current consumption charges from the next bill; no disconnection pending adjustment.

M/s.Saravana Green Energy LLP Vs The Chairman — Contract and Commercial Disputes | Madras HC (2023)

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W.P.No.6202 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.03.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P.No.6202 of 2023

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M/s.Saravana Green Energy LLP, SF.No.12 (Old No.25) Jothi Theatre Road, Tirupur 641601 rep. By its Authorised Person, Mr.S.Chandrakumar

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... Petitioner

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1.The Chairman TANGEDCO.

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144 Anna Salai, Chennai 600 002.

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2.The Chief Engineer Non Conventional Energy Sources TANGEDCO

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144 Anna Salai, Chennai 600 002.

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3.The Superintending Engineer Non Conventional Energy Sources TANGEDCO Udumalpet South Electricity Distribution Circle Udumalpet

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3.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle Dindigul ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus forbearing the Respondents and their men, agents from collecting current consumption charges

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.6202 of 2023

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demand charges and any arrears from the petitioner’s sister concern Eveready Spinning Mill P Ltd HTSC No.059094500282 till the entire outstanding dues of Rs.25,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner’s Solar Power Plant HTSC No.059484500032 is paid or given adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

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For the Petitioner : Mr.R.S.Pandiyaraj For the Respondents : Mr.S.Madhusudhanan, for TANGEDCO

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O R D E R

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The Writ Petition has been filed in the nature of Mandamus seeking a direction against the respondent forbearing them from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No. 059094500282 till the entire outstanding dues of Rs.25,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No. 059484500032 is paid or given adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

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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

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.6202 of 2023

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HTSC No. .059484500032. It is under the jurisdiction of the third respondent / the Superintending Engineer, TANGEDCO, Dindigul. 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 by letter dated 25.10.2018 for establishment of the said Solar Power Plant. Security Deposit of Rs.25,00,000/- was paid by the petitioner. The plant was also commissioned. This was also informed. The petitioner claims refund of the refundable Security Deposit of Rs.25,00,000/- 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 from the petitioner herein. The petitioner seeks adjustment of the refundable Security Deposit with the current consumption charges.

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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.25,00,000/-, with the current consumption charges. Though the petitioner had sought that such adjustment to be made with interest at Rs.25,00,000/-, that request is not granted. The sum of Rs.25,00,000/- paid as a Security Deposit alone shall be adjusted with the current consumption charges from the 3/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.6202 of 2023

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next consumption bill raised by the second respondent herein. Till the adjustment is over, the petitioner should not suffer any order of disconnection.

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4. The Writ Petition stands disposed of. No costs. Consequently, WMP No.6205 of 2023 is closed.

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01.03.2023 Index: Yes/no mrn To 1.The Chairman TANGEDCO. 144 Anna Salai, Chennai 600 002.

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2.The Chief Engineer Non Conventional Energy Sources TANGEDCO 144 Anna Salai, Chennai 600 002.

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3.The Superintending Engineer Non Conventional Energy Sources TANGEDCO Udumalpet South Electricity Distribution Circle Udumalpet 4.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle Dindigul

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.6202 of 2023

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C.V.KARTHIKEYAN, J. (mrn)

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W.P.No.6202 of 2023

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01.03.2023

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5/5

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https://www.mhc.tn.gov.in/judis

M/s.Saravana Green Energy LLP v. The Chairman

Case brief

What is this about?

What did the court decide?

M/s.Saravana Green Energy LLP v. The Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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