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2025 DAILYLAW 19783 (MAD)

M/S.AJAY SOLAR POWERS PRIVATE LTD v. THE CHAIRMAN

WP/3441/2025 · 2025-01-31

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.3441 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.01.2025 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.3441 of 2025 M/s.Ajay Solar Powers Private Limited, 38-A, Bathrakali Street, S.P.Pudur, Namakkal-637 001. Repd. by its Managing Director E.Asokan ... Petitioner vs. 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. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.3441 of 2025 PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to refund the Rs.30,00,000/- payable to the petitioner towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.069534420098. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.D.R.Arunkumar Standing Counsel (TNEB) O R D E R By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself. 2. The petitioner herein seeks a direction to the respondents to refund a sum of Rs.30,00,000/- payable to the petitioner towards refundable security deposit in respect of petitioner's Solar Power Plant HTSC No.069534420098. 2/6 https://www.mhc.tn.gov.in/judis W.P.No.3441 of 2025 3. It is the case of the petitioner that it applied for establishment of 3 MW Solar Power Plant as per the TNERC's Solar Order No.5/2018, dated 28.03.2018. As a precondition, the petitioner deposited a sum of Rs.30,00,000/- towards refundable security. The letter of intent was issued to the petitioner for commissioning of the solar power plant on 28.08.2024 and the petitioner satisfactorily commissioned the said plant on 02.09.2024 well within the time limit. Therefore, the petitioner is entitled to refund of the entire security deposit amount. Inspite of the commissioning of the solar power plant within time, the respondents have not paid the deposit amount to the petitioner. Hence, the petitioner has come before this Court. 4. Mr.D.R.Arunkumar, learned Standing Counsel, who is taking notice for the respondents would submit that the petitioner's solar power plant was commissioned within the time limit. Therefore, the petitioner is entitled to refund of the entire security deposit amount. 5. In view of the same, the 2nd respondent is directed to refund the security deposit amount of Rs.30,00,000/- paid by the petitioner as a precondition for commissioning of Solar Power Plant in HTSC 3/6 https://www.mhc.tn.gov.in/judis W.P.No.3441 of 2025 No.069534420098, within a period of six weeks from the date of receipt of copy of this order. 6. With the above direction, the Writ Petition stands disposed of. No costs. 31.01.2025 (4/4) Index :Yes / No Speaking order :Yes / No Neutral Citation :Yes / No dm 4/6 https://www.mhc.tn.gov.in/judis W.P.No.3441 of 2025 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. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.3441 of 2025 S.SOUNTHAR, J. dm W.P.No.3441 of 2025 31.01.2025 (4/4) 6/6 https://www.mhc.tn.gov.in/judis