Sri Marudhamalai Andavar Cotton Spinning Mills, v. The Tamil Nadu Generation And Distribution Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos. 3013 and 3011 of 2024 Sri Marudhamalai Andavar Cotton Spinning Mills, Rep. By Its Managing Partner, Perur Road, Telungupalayam Post, Coimbatore - 641 039.

..Petitioner Vs

1. The Tamil Nadu Generation And Distribution Corporation Ltd., TANGEDCO, 10th Floor, Eastern Wing, N.P.K.R.R. Maligai, 144, Anna Salai, Chennai - 600 002, Represented By its Chairman And Managing Director.

2. Director Finance, The Tamil Nadu Generation And Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

3. The Chief Financial Controller, The Tamil Nadu Generation And Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.

4. The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

5. The Superintending Engineer, Tirunelveli Electricity Distribution Circle/TANGEDCO, Tirunelveli.

6. The Superintending Engineer, Coimbatore (metro) Electricity Distribution Circle/TANGEDCO, Coimbatore ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 4th, 5th, and 6th Respondent to make payment of a sum or adjust such amounts against the future CC bills of the petitioner of Rs. 91,70,899/- being the amounts payable to the Petitioner as directed by this Court in WP No. 19108 of 2017 vide its order dated 11.11.2022 and sum of Rs. 59,05,690/- respectively, being the interest due and payable to the petitioner till 15.01.2024 against delay in making payments as directed by this Court and continue to pay interest on any further delays at 12 percentage per annum.

For Petitioner :

Mr.Rahul Balaji For Respondents:

Mr.P.Kumaresan, AAG assisted by Mr.L.Jai Venkatesh

Order This writ petition has been filed for the following relief: "To issue a writ of mandamus directing the 4th, 5th, and 6th respondents to make payment of a sum or adjust such amounts against the future CC bills of the petitioner a sum of Rs. 91,70,899/- being the amount payable to the petitioner as directed by this Court in WP No.19108 of 2017 vide its order dated 11.11.2022 and a sum of Rs. 59,05,690/-, being the interest due and payable to the petitioner till 15.01.2024 against delay in making payment as directed by this Court and to continue to pay interest on any further delays at 12 percentage per annum."

2. Today, a counter affidavit has been filed by respondents 1 to 3 and 5 wherein in paragraph 8 and 9, it has been stated as follows: "8. In this regard, it is respectfully submitted that the claim for remaining 255 has already been duly admitted and a request for sanction of fund has been submitted to our Head quarters. The payment will be settled to the petitioner upon allotment of funds by Headquarters. The spilt-up details are furnished as below.

a) Payment details for 25% of utilised banked units S.No Period Passed Amount 2011-2012 288048 2012 - 2013 365466 2013-2014 323745 9,77,259

b)Interest portion for belated payment of unutilized banked units S.No Period Passed Amount 2011-2012 707888 2012 - 2013 840351 2013-2014 701098 2014 - 2015 206198 24,55,535 9.

It is respectfully submitted that the averments made by the petitioner in paragraph Nos. 3 to 6 of the affidavit filed in support of the petition are false and misleading. The respondent herein specifically denies the claim of the petitioner that invoices were submitted for the period 2010-11 in respect of unutilized banking units. In fact, the petitioner has never submitted the alleged invoices before this office till the date of order pronounced by the Hon'ble high court of Madras, therefore the said claim is time barred and liable to be rejected." 3.

With reference to the contents in paragraph 9, it is seen that in the earlier writ petition, the petitioner had made a claim for a sum of Rs.10,79,444/- towards the invoice amount and a sum of Rs.7,81,672/- towards interest at the rate of 12% for the years 2010-2011 besides other years totalling a sum of Rs.91,70,800/-. This Court, by order dated 11.11.2022, had directed the 2nd respondent therein to return the entire sum of Rs.91,70,800/- towards the banked unutilized energy to the petitioner including the sum claimed for the

year 2010-2011, within a period of three months from the date of receipt of a copy of the said order which included the sum payable for the years 2010-11. Therefore, the above statement of the respondents that invoices were not submitted cannot be countenanced more particularly when the respondents have not challenged the said order.

4. The learned Additional Advocate General appearing for respondents 1 to 6 would submit that the respondents may be permitted to adjust the aforesaid sum of Rs 18,61,116/- due for the years 2010 and 2011 towards future consumption charges.

5. The learned counsel for the petitioner agrees to the above submission and states that the said adjustment may commence from February 2026.

6. Recording the above submissions, this Writ Petition is disposed of with the following directions:- (i) The respondents are directed to pay a sum of Rs.34,32,794/- (Rs.24,55,535/- + 9,77,259/-) for the years 2011 to 2015 within a period of four weeks from today and;

(ii) To adjust the sum of Rs. 18,61,116/- for the years 2010 and 2011 towards future consumption charges commencing from February 2026. No costs. Consequently, connected miscellaneous petition is closed. 28-01-2026 Index: Yes/No Speaking/Non-speaking order SRN To

1. The Chairman And Managing Director.

Tamil Nadu Generation And Distribution Corporation Ltd., TANGEDCO, 10th Floor, Eastern Wing, N.P.K.R.R. Maligai, 144, Anna Salai, Chennai - 600 002.

2. The Director Finance, The Tamil Nadu Generation And Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002,

3. The Chief Financial Controller, The Tamil Nadu Generation And Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002,

4. The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

5. The Superintending Engineer, Tirunelveli Electricity Distribution Circle/TANGEDCO, Tirunelveli.

6. The Superintending Engineer, Coimbatore (metro) Electricity Distribution Circle/TANGEDCO, Coimbatore

P.T.ASHA J.

SRN AND WMP NO. 3013 OF 2024,WMP NO. 3011 OF 2024 28-01-2026