Solar power plant operators sought mandamus restraining TANGEDCO from collecting consumption charges until refundable security deposit arrears were paid or adjusted. TANGEDCO's counsel admitted the arrears were due. The Court issued mandamus directing adjustment of outstanding dues against consumption charges and allowed the writ petitions.
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2024:MHC:6290
W.P.Nos.2971, 2974 & 2976 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2024
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.Nos. 2971, 2974 & 2976 of 2024 and W.M.P.Nos. 3236, 3238 & 3239 of 2024
W.P.Nos.2971 & 2976 of 2024
M/s S.K.L. Exports, S.F.No. 396/2E, 295/1C, Mahavishnu Nagar, Angeripalayam Post, Tirupur - 641 603. Rep. by its Partner N.Govindasamy
.. Petitioner
vs
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna salai, Chennai - 02.
2.Chief Engineer,
Non-Conventional Energy Sources, Tamil nadu Generation and Distribution Corporation Limited, 144, Anna salai, Chennai - 02.
3.Director Generation, TANGEDCO, 144, Anna Salai, Chennai - 02.
4.The Superintending Engineer
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W.P.Nos.2971, 2974 & 2976 of 2024
TANGEDCO,
Coimbatore Metro Electricity Distribution Circle, Coimbatore.
.. Respondents
W.P.No.2974 of 2024
M/s Sri Kumaran Synthetics India Pvt Ltd., 280/1, Kollampatty, Palakampalayam, Kumarapalayam Taluk, Namakkal – 637 303 Rep. by its Director, R.Dinesh
.. Petitioner
vs
1.Tamil Nadu Electricity Regulatory Commission Road, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai – 08.
2.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna salai, Chennai - 02.
3.Chief Engineer, Non-Conventional Energy Sources, Tamil nadu Generation and Distribution Corporation Limited, 144, Anna salai, Chennai - 02.
.. Respondents
Prayer in W.P.Nos.2971 & 2976 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HSTC No. 039094380674 till the entire outstanding dues of
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W.P.Nos.2971, 2974 & 2976 of 2024
Rs.20,00,000/- & Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's solar power plant HTSC no. 039534390093 & 039534390092 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
Prayer in W.P.No.2974 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HSTC No. 049094220451 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. 06953444003 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 (in all writ petitions) For Respondents : Ms.A.Aarthi for Mr.I.Syed Sibghatulla Standing Counsel (in all writ petitions)
COMMON ORDER
Ms.A.Aarthi, learned counsel for Mr.I.Syed Sibghatulla, learned
Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of these matters, even at the stage of admission.
W.P.Nos.2971, 2974 & 2976 of 2024
any further charges till the entirety of the outstanding dues of Rs.20,00,000/- (W.P.No.2971 of 2024), Rs.10,00,000/- (WP.No.2974 of 2024) and Rs.30,00,000/- (W.P.No.2976 of 2024) is adjusted as against the consumption charges.
issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding dues first as against the charges.
costs. Connected Miscellaneous Petitions are closed.
09.02.2024
Index:Yes/No Speaking order Neutral Citation:Yes vs
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W.P.Nos.2971, 2974 & 2976 of 2024
To
2.The Chief Engineer, Non-Conventional Energy Sources, Tamil nadu Generation and Distribution Corporation Limited, 144, Anna salai, Chennai - 02.
144, Anna Salai, Chennai - 02.
Tamil Nadu Electricity Regulatory Commission Road, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai – 08.
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W.P.Nos.2971, 2974 & 2976 of 2024
DR. ANITA SUMANTH,J.
vs
W.P.Nos. 2971, 2974 & 2976 of 2024 and W.M.P.Nos. 3236, 3238 & 3239 of 2024
09.02.2024
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1 issue framed by the court
Should TANGEDCO be restrained from collecting consumption charges until refundable security deposit dues to solar power plant petitioners are adjusted?
1 provisions across 1 enactments
M/s S.K.L. Exports
The Chairman, Tamil Nadu Generation and Distribution Corporation Limited
Chief Engineer, Non-Conventional Energy Sources, TANGEDCO
Director Generation, TANGEDCO
The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle
M/s Sri Kumaran Synthetics India Pvt Ltd.
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
