M/S.Sri Mahalakshmi Diary Pvt. Ltd., v. Tamil Nadu Electricity Regulatory
2024:MHC:5885
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.No.1275 of 2024 M/s.Sri Mahalakshmi Dairy Pvt Ltd HTSC.039094350222 No.158-A, Vysial Street Coimbatore - 641001 Repd. By its Authorized Signatory C, K.Iyappan ... Petitioner vs.
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
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, TANGEDCO, 1/5
Coimbatore Metro Electricity Distribution Circle, Coimbatore.
5.The Superintending Engineer TANGEDCO Karur Electricity Distribution Circle, Karur.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the Petitioner's HTSC No.039094350222 until the respondent makes payment of the outstanding dues of Rs.22,65,432/- (for the period from 2022 to 2023) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.Syed Sibgathulla Standing Counsel
O R D E R
Mr.Syed Sibgathulla, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, 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 2/5
charges till the entirety of the outstanding dues of Rs.22,65,432/- is adjusted as against the consumption charges.
3. Mr.Syed Sibgathulla would acquiesce to the position that the amount of Rs.22,65,432/- as quantified by the petitioner is indeed arrears due to the petitioner.
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, the Writ Petition stands allowed. No costs. Connected Miscellaneous Petition is closed.
19.01.2024 Index : Yes / No Speaking Order vs 3/5
To
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
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, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
5.The Superintending Engineer TANGEDCO Karur Electricity Distribution Circle, Karur.
4/5
Dr.ANITA SUMANTH, J.
vs & WMP.No.1275 of 2024 19.01.2024 5/5