Velathal Spinning Mills Private Limited, v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.430 of 2023 Velathal Spinning Mills Private Limited, HTSC No. 65, Pallipalayam, Erode-638 006, Rep. by its Managing Director P.Selvaraj ... Petitioner Vs.
1.Tamil Nadu Electricity Regulatory Commission Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshalls Road), Egmore, Chennai 600008.
2.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
3.Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
4.The Superintending Engineer Namakkal Electricity Distribution Circle, Namakkal.
1/6
5.The Superintending Engineer Tiruppur Electricity Distribution Circle, Tiruppur.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the Respondent makes payment of the outstanding dues of Rs.1,09,00,131/- (for the year of 2016-2017) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.I Syed Sibghatulla Standing Counsel for TANGEDCO.
O R D E R
The learned counsel for the petitioner would submit that the issues raised in the present writ petition is covered under the orders passed by this Court in a batch of Writ Petitions in W.P.No.6776 of 2020 etc., batch dated 28.10.2021. The relevant paragraphs 11 and 12 of the order, cited supra, read as under:- 2/6
"11. In view of the above, all these Writ Petitions are Disposed of with the following directions:- (a) In all those cases where the TANGEDCO has acted upon the interim orders passed by this Court and the entire outstanding amounts due and payable has been adjusted, those writ petitions will be rendered infructuous since the grievance of those petitioners stands redressed;
(b) In those cases where the TANGEDCO is in the process of adjusting the outstanding amount due, such adjustment shall be continued till the entire outstanding amount is adjusted towards the current consumption charges / open access charges payable by the respective petitioners and (c) The TANGEDCO shall not take any coercive steps to disconnect the electricity connection to the petitioners until the outstanding amounts due and payable is completely adjusted towards the current consumption charges/ open access charges payable by the petitioners.
12. Post these cases under the caption "?for filing final report?" on 23.12.2021 with regard to the subsequent developments that takes place in the meeting to be held on 20.12.2021 and also with regard to the 3/6
submission of the policy paper as directed by this Court through order dated 03.09.2021. No costs. Consequently, connected miscellaneous petitions are closed."
2. Accordingly, the present writ petition is disposed of based on the order passed in the writ petition cited supra. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
(sha) 26.04.2024 Index : Yes Speaking Order 4/6
To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission 19-A, Rukmini Lakshmipathy Salai, (Marshalls Road), Egmore, Chennai 600008 2.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
3.Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.
4.The Superintending Engineer Namakkal Electricity Distribution Circle, Namakkal.
5.The Superintending Engineer Tiruppur Electricity Distribution Circle, Tiruppur.
5/6
S.M.SUBRAMANIAM . J., (sha) and W.M.P.No.430 of 2023 26.04.2024 6/6