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2025 DAILYLAW 85977 (MAD)

ASHWA ELECTRIC PVT LTD v. TAMILNADU POWER DISTRIBUTION CORPORATION LTD(TNPDCL)

WP/30501/2025 · 2025-08-14

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 30501 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 30501 of 2025 AND WP NO. 30503 OF 2025,WP NO. 30505 OF 2025, 1. Ashwa Electric Pvt Ltd 25, Devangapuram, Mahalingapuram Post, Pollachi Taluk, Coimbatore-642 002, Repd By Its Authorised Signatory J.Sathish Petitioner(s) Vs 1. Tamilnadu Power Distribution Corporation Ltd (TNPDCL) Rep By Its Chairman, 144, Anna Salai, Chennai-600 002 2.The Chief Engineer/NCES Tamilnadu Green Energy Corporation Ltd, (TNGECL), 2 nd Floor, 144 Anna Salai, Chennai-600 002 3.The Director -generation Tamilnadu Power Distribution Corproation Ltd (TNPDCL), 144, https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 Anna Salai, Chennai-600 002 Respondent(s) WP No. 30503 of 2025 1. M/s.Eclouds Energy LLP No.81, West Venkatasamy Road, R.S.Puram West, Coimbatore-641 002 Rep By Its Authorised Signatory Shantha Kumar Petitioner(s) Vs 1. Tamilnadu Power Distribution Corporation Ltd (TNPDCL) Rep By Its Chairman, 144, Anna Salai, Chennai-600 002 2.The Chief Engineer/nces Tamilnadu Power Distribution Corporation Ltd, (TNPDCL) 144 Anna Salai, Chennai-600 002 3.The Director -Generation Tamilnadu Power Distribution Corproation Ltd (TNPDCL), 144, Anna Salai, Chennai-600 002 Respondent(s) WP No. 30505 of 2025 1. Ashwa Electric Pvt Ltd 25, Devangapuram, Mahalingapuram Post, Pollachi Taluk, Coimbatore-642 002, Repd By Its https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 Authorised Signatory J.Sathish Petitioner(s) Vs 1. The Chairman, Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 2.The Director -generation Tamilnadu Power Distribution Corporation Ltd, (TNPDCL) 144, Anna Salai, Chennai-600 002 3.Chief Engineer Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution, 144, Anna Salai, Chennai-600 002 Respondent(s) WP No. 30501 of 2025 PRAYER Directing the respondent to refund Rs.25,00,000/- payable to the petitioner towards refundable security deposit. WP No. 30503 of 2025 PRAYER Directing the respondent to refund Rs.32,00,000/- payable to the petitioner towards refundable security deposit. WP No. 30505 of 2025 PRAYER https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 Directing the respondent to refund Rs.25,00,000/- payable to the petitioner towards refundable security deposit. WP No. 30501 of 2025 For Petitioner(s): Mr.R.S. Pandiyaraj For Respondent: Mr.D.R.Arunkumar Standing Counsel for R1-3 COMMON ORDER These writ petitions have been filed for the issue of writ of Mandamus directing the respondents to refund the sum of Rs.25,00,000/-, Rs.32,00,000/- and Rs.25,00,000/- respectively payable to the petitioners towards refundable security deposit. 2. Heard Mr.R.S.Pandiyaraj, learned counsel for the petitioners and Mr.D.R.Arun Kumar, learned Standing counsel for respondents. 3. The case of the petitioners is that they had submitted an application to the respondents for an establishment of 5 MW, 6.4 MW and 5 MW Solar power plants respectively. The 3 rd respondent approved the same and directed the petitioners to pay the applicable charges such as Registration fees, Load flow study charges and refundable Security deposit. The petitioners paid the refundable security deposit of a sum of Rs.25,00,000/-, Rs.32,00,000/- and Rs.25,00,000/- respectively. https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 4. Due to administrative reasons, the petitioners had sought for transfer and the application was dealt with by the 2 nd respondent and the transfer was made to another entity. The same was also approved by the 2 nd respondent. 5. The petitioners thereafter sought for refund of the security deposit and the representation made by the petitioners did not evoke any response. It is under these circumstances, the present writ petitions came to be filed before this Court. 6. The learned Standing counsel appearing on behalf of the respondents submitted that the respondent must verify as to whether the entity to which the transfer was made have satisfactorily commissioned the solar plant and that they have to verify the original bills submitted. 7. The learned counsel for the petitioners by pointing out to Paragraph 7 of the affidavit filed in support of the writ petitions submitted that the consumers have paid all the charges as demanded by the 2 nd respondent and the consumers have also satisfactorily commissioned and interfaced the solar plants. https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 8. In the light of the specific stand taken by the petitioners, there shall be a direction to the respondents to deal with the representation made by the petitioners and on satisfaction of all the requirements, the Security deposit shall be refunded to the petitioners within a period of six weeks from the date of receipt of a copy of this order. These writ petitions are disposed of with the above directions. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 14-08-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 WP No. 30501 of 2025 To 1.Tamilnadu Power Distribution Corporation Ltd(tnpdcl) Rep By Its Chairman, 144, Anna Salai, Chennai-600 002 2.The Chief Engineer/nces Tamilnadu Green Energy Corporation Ltd, (tngecl) 2nd Floor, 144 Anna Salai, Chennai-600 002 3.The Director -generation Tamilnadu Power Distribution Corproation Ltd (tnpdcl), 144, Anna Salai, Chennai-600 002 WP No. 30503 of 2025 To Vs 1. Tamilnadu Power Distribution Corporation Ltd (TNPDCL) Rep By Its Chairman, 144, Anna Salai, Chennai-600 002 2.The Chief Engineer/nces Tamilnadu Power Distribution Corporation Ltd, (TNPDCL) 144 Anna Salai, Chennai-600 002 https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 3.The Director -Generation Tamilnadu Power Distribution Corproation Ltd (TNPDCL), 144, Anna Salai, Chennai-600 002 Respondent(s) WP No. 30505 of 2025 To 1. The Chairman, Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 2.The Director -generation Tamilnadu Power Distribution Corporation Ltd, (TNPDCL) 144, Anna Salai, Chennai-600 002 3.Chief Engineer Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution, 144, Anna Salai, Chennai-600 002 https://www.mhc.tn.gov.in/judis WP No. 30501 of 2025 N.ANAND VENKATESH J. gd WP No. 30501 of 2025 AND WP NO. 30503 OF 2025,WP NO. 30505 OF 2025 14-08-2025 https://www.mhc.tn.gov.in/judis