M/S.Adwaith Textiles (P) Limited v. Tamilnadu Electricity Regulatory
2024:MHC:5614
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.57 & 58 of 2024 M/s.Adwaith Textiles (P) Limited., 114A, Senthottam, Sowripalayam Post, Coimbatore - 64128 Repd by its Authorized Signatory R.Sivakumar ... Petitioner in W.P.No.70 of 2024 M/s.Titan Paints and Chemicals (P) Limited., 114A, Senthottam, Sowripalayam Post, Coimbatore - 64128 Repd by its Authorized Signatory D.Chinnadurai ... Petitioner in W.P.No.71 of 2024 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
2. The Chairman, Chennai 600 002 1 / 6
3. Director Finance Chennai 600 002.
... Respondents in both W.P.'s
4. The Superintending Engineer TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
... Respondents in W.P.No.70 of 2024
6. The Superintending Engineer TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
7. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET.
... Respondents in W.P.No.71 of 2024 PRAYER in W.P.No.70 of 2024: Writ 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 until the respondents makes payment of the outstanding dues of Rs.10,99,722/- (for the year from 2019-2022) 2 / 6
payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. PRAYER in W.P.No.71 of 2024: Writ 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 until the respondents makes payment of the outstanding dues of Rs.3,75,364/- (for the year of 2018-2022) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. In both W.P.'s For Petitioner : Mr.M.Saravanakumar For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel C O M M O N O R D E R Ms.Keerthana Shenoi, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, 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.
2. The prayer is for a mandamus forbearing the respondents, officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges or any further charges till the entirety of 3 / 6
the outstanding dues of Rs.10,99,722/- (W.P.No.70 of 2024) and Rs.3,75,364/- (W.P.No.71 of 2024) are adjusted as against the consumption charges.
3. Ms.Keerthana Shenoi would acquiesce to the position that the amount of Rs.10,99,722/- (W.P.No.70 of 2024) and Rs.3,75,364/- (W.P.No.71 of 2024) as quantified by the petitioners are indeed arrears due to the petitioners.
4. Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding dues first as against the charges.
5. It is seen that similar orders have been passed in identical circumstances in Writ Petitions in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.
6. In light of the above, these Writ Petitions stand allowed. No costs. Connected Miscellaneous Petitions are closed. 04.01.2024 sl Index : Yes / No Speaking Order:Yes 4 / 6
To
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
2. The Chairman, Chennai 600 002
3. Director Finance Chennai 600 002.
4. The Superintending Engineer TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
6. The Superintending Engineer TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
7. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET.
5 / 6
DR.ANITA SUMANTH, J.
Sl & WMP.Nos.57 & 58 of 2024 04.01.2024 6 / 6