M/S. Sathiya Process v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M. DHANDAPANI W.P.No. 869 of 2022 and W.M.P.No.950 of 2022 M/s.Sathiya Process, Rep. By its Propritrix, P.Loganayaki, S.F.No.161/5, Kallikadu Thottam, K.V.R.Nagar, Karuvampalayam, Mangalam Road, Tirupur-641 604.
...Petitioner
Vs 1.
The Chairman, TANGEDCO 144, Anna Salai, Chennai-600 002.
2.
The Director, Finance, TANGEDCO, 144, Anna Salai, Chennai-600 002.
3.
The Superintending Engineer, Tirunelveli, EDC, TANGEDCO, Tirunelveli.
4.
The Superintending Engineer, Tirupur EDC, TANGEDCO, Tirupur.
...Respondents
Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the 4th respondent, from demanding and collecting Current Consumption charges pertaining to H.T.S.C.No.039094380135 until the respondents makes the outstanding dues of Rs.65,18,593/- payable to the petitioner or to give adjustment in the above stated charges payable by the petitioner till the entire amount is adjusted.
For Petitioner :
Mr.G.Maniprabhu For Respondents :
Mr.L.Jaivenkatesh
O R D E R
The prayer made in this writ petition is to issue a writ of mandamus to forbear the 4th respondent, from demanding and collecting Current Consumption charges pertaining to H.T.S.C.No.039094380135 until the respondents makes the outstanding dues of Rs.65,18,593/- payable to the petitioner or to give adjustment in the above stated charges payable by the petitioner till the entire amount is adjusted.
2. When the matter is taken up for hearing, learned counsel for the Petitioner fairly conceded that, the issue in question has already been decided by this Court in W.P.No.6776 of 2018, etc. batch of cases and that, a similar order may be passed in the above Writ Petition, as well.
3. In an identical circumstance, in W.P.No.6776 of 2018, etc. batch of cases, this Court has held as under: " 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 to be payable has been adjusted, those Writ Petitions will be rendered infructuous since the grievance of those Petitions 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 the TANGEDCO shall not take 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."
4. Following the ratio laid down in the said decision, this Court disposed of the Writ Petition in W.P.No.5218 of 2020 by an order dated 18.11.2021. In fine, the present Writ Petition is also disposed of in the aforesaid terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar skt To 1.
The Chairman, TANGEDCO 144, Anna Salai, Chennai-600 002.
2.
The Director, Finance, TANGEDCO, 144, Anna Salai, Chennai-600 002.
3.
The Superintending Engineer, Tirunelveli, EDC, TANGEDCO, Tirunelveli.
4.
The Superintending Engineer, Tirupur EDC, TANGEDCO, Tirupur.
W.P.No.869 of 2022 and W.M.P.No.950 of 2022 KV (CO) PR (10/02/2022)