Disposed

Shri Santhosh Meenakshi Textiles P Ltd. v. Tamil Nadu Electricity Regulatory

Madras HC1 Mar 2023WP/6210/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226, the High Court of Madras directed the respondents to adjust the petitioner's refundable security deposit of Rs.20,00,000/- against current consumption charges without interest, preventing disconnection until the adjustment is complete.

What did the court decide?

The refundable security deposit of Rs.20,00,000/- was ordered to be adjusted with the petitioner's current consumption charges without interest, and disconnection was stayed.

Shri Santhosh Meenakshi Textiles P Ltd. Vs Tamil Nadu… — Service and Employment | Madras HC (2023)

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W.P.No.6210 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.6210 of 2023

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Shri Santhosh Meenakshi Textiles P LTd HTSC No.337, 12/5, Thekkalur (NH47) Avinashi Taluk, Tirupur, rep by its Chairman and Managing Director C.Udhayasankar.

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... Petitioner

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1.Tamil Nadu Electricity Regulatory Commission repd. by its Secretary 19-A RukminiLakshmipathy Salai (Marshalls Road), Egmore, Chennai- 600 008.

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2.The Chairman TANGEDCO. 144 Anna Salai, Chennai 600 002.

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

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4.The Superintending Engineer TANGEDCO Coimbatore South Electricity Distribution Circle Coimbatore ... 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

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

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W.P.No.6210 of 2023

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consumption charges demand charges and any arrears from the petitioner’s HTSC No.039094320337 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioners Solar Power Plant HTSC No.039514340015 is paid or give 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

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For the Respondents : Mr.L.Jai Venkatesh 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. 039094320337 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No. 039514340015 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 HTSC No. 039514340015. It is under the jurisdiction of the fourth

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

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W.P.No.6210 of 2023

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respondent / the Superintending Engineer, TANGEDCO, Coimbatore. 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 25.10.2021 for establishment of the said Solar Power Plant. Security Deposit of Rs.20,00,000/- 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.20,00,000/- 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.20,00,000/-, with the current consumption charges. Though the petitioner had sought that such adjustment to be made with interest at Rs.20,00,000/-, that request is not granted. The sum of Rs.20,00,000/- paid as a Security Deposit

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W.P.No.6210 of 2023

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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.

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4. The Writ Petition stands disposed of. No costs. Consequently, WMP Nos.6216 of 2023 is closed.

01.03.2023

Index: Yes/no mrn

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W.P.No.6210 of 2023

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1.Secretary Tamil Nadu Electricity Regulatory Commission 19-A RukminiLakshmipathy Salai (Marshalls Road), Egmore, Chennai- 600 008.

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2.The Chairman TANGEDCO.

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144 Anna Salai, Chennai 600 002.

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3.The Chief Engineer Non Conventional Energy Sources TANGEDCO

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144 Anna Salai, Chennai 600 002.

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4.The Superintending Engineer TANGEDCO Coimbatore South Electricity Distribution Circle Coimbatore

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

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W.P.No.6210 of 2023

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C.V.KARTHIKEYAN, J. (mrn)

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W.P.No.6210 of 2023

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01.03.2023

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

Shri Santhosh Meenakshi Textiles P Ltd. v. Tamil Nadu Electricity Regulatory

Case brief

What is this about?

What did the court decide?

Shri Santhosh Meenakshi Textiles P Ltd. v. Tamil Nadu Electricity Regulatory

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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