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2024 Supreme(Online)(Mad) 51028

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
SARAVANA GREEN ENERGY LLP. – Appellant
Versus
THE CHAIRMAN – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2024 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.6793 of 2024 and W.M.P.No.7568 of 2024 Saravana Green Energy LLP., 12(Old No.25), Jothi Theatre Road, Tirupur – 641 601, Represented by its Partner, Mr.S.Chandrakumar ... Petitioner Vs.

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.

2. The Director Generation, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai – 600 002.

3. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.

4. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to refund the sum of Rs.25,00,000/- towards refundable security deposit already paid by the petitioner vide receipt dated 29.02.2020.

[Prayer amended vide order dated 19.03.2024 made in W.M.P.No.8447 of 2024 in W.P.No.6793 of 2024 by ASMJ] For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.D.R.Arunkumar Standing Counsel [TANGEDCO]

ORDER

The petitioner seek a writ of mandamus directing the third respondent to refund the security deposits with interest being the refundable security deposits made by the petitioner for the purpose of commissioning solar power plant.

2. It is not in dispute that the petitioner has commissioned the solar power plant and it is working. The liability of the first respondent to pay is also not in dispute.

3. Considering the same, there will be a direction to the third respondent to refund the security deposits to the petitioner with appropriate interest as provided in the contract within a period of eight (8) weeks from the date of receipt of a copy of the order. No costs.

Consequently, connected miscellaneous petition is closed.

22.04.2024 Index : Yes Speaking order/Non-Speaking Order Neutral Citation : Yes/No mp To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.

2. The Director Generation, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai – 600 002.

3. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.

4. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.

S.M.SUBRAMANIAM, J.

mp

22.04.2024

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