K.P.Textiles (Coimbatore) Pvt. Ltd v. Tamil Nadu Electricity Regulatory Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.2935, 2939 & 2947 of 2022 & WMP.Nos.3080, 3086 & 3096 of 2022

1. K.P.Textiles (Coimbatore) Pvt. Ltd. HTSC No.242, 4/237, Caltonpet Post, Palladam Taluk, Coimbatore District, rep. by its Authorized Signatory V.K.Padmanaban ... Petitioner in W.P.No.2935 of 2022

1. Madras Hydraulic Hose P.Ltd., HTSC No.1484, D-16(S), SIPCOT Industrial Complex, Gummidipoondi-601 201, by its Chairman, T.Ajay ... Petitioner in W.P.No.2939 of 2022

1. K.P.Textiles (Coimbatore) Pvt. Ltd. HTSC No.234, 4/237, Caltonpet Post, Palladam Taluk, Coimbatore District, rep. by its Authorized Signatory V.K.Padmanaban ... Petitioner in W.P.No.2947 of 2022 Vs

1. Tamil Nadu Electricity Regulatory Commission rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (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, Coimbatore Metro Electricity Distribution Circle, Coimbatore.

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

... Respondents in all W.P.'s COMMON 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 until the respondent makes payment of the outstandingdues of Rs.66,54,764/- (for the year of 2013-2017) (W.P.No.2935 of 2022), Rs.9,03,328/- (for the year of 2016-2018) (W.P.No.2939 of 2022) & Rs.83,89,789/- (for the year of 20132017) (W.P.No.2947 of 2022) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. (In all the W.P.'s) For Petitioners : Mr.R.S.Pandiyaraj For Respondents : Mr.Abul kalam, Standing Counsel

O R D E R

Mr.Abdul Kalam, learned Standing Counsel accepts notice for the responents and is armed with instructions to proceed with the matter finally. Hence, by consent of both sides, these Writ Petitions are disposed finally even at the stage of admission.

2. The petitioners in all the Writ Petitions seek Writs of Mandamus directing the respondents (TANGEDCO) to effect payments of a sum of Rs.66,54,764/- (for the year of 2013-2017 in W.P.No.2935 of 2022), Rs.9,03,328/- (for the year of 2016-2018 in W.P.No.2939 of 2022) & Rs.83,89,789/- (for the year of 20132017 in W.P.No.2947 of 2022) along with the interest towards delayed payments or adjustment of the same as against the current consumption charges payable by the petitioners.

3. I have had occasion to consider the similar issue in W.P.Nos.1578 of 2022 and batch and referring to earlier orders passsed by this Court in W.P.No.6776 of 2018 and 27559 & 27564 of 2021 dated 28.10.2021 and 22.12.2021 respectively, have passed the following order:

Mr.Abul Kalam, learned Standing Counsel accepts notice for the respondents. By consent of both sides, these

Writ Petitions are disposed finally even at the stage of admission.

2. The petitioners seek a Writ of Mandamus forbearing the respondents i.e., the Tamil Nadu Electricity Regulatory Commission and various other officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges, demand charges and other arrears from the petitioners until such time the respondents settle the outstanding dues of Rs.3,60,657/- (W.P.No.1578 of 2022), Rs.8,78,252/- (W.P.No.1598 of 2022) and Rs.1,42,077/- (W.P.No.1608 of 2022), all for the period 2019-2020, payable to the petitioners or adjust the same against current consumption charges till the entirety of the amounts stand adjusted.

3. Both learned counsel would concur on the position that this issue stands decided by various Benches of this Court. In W.P.Nos.27559 and 27564 of 2021 final orders were passed on 22.12.2021 to the effect that, in those cases where TANGEDCO was in the process of adjusting the outstanding amounts due, such adjustment would continue till the entire outstanding amounts stood adjusted towards current consumption charges/open access charges payable by the respective Petitioners.

4. TANGEDCO was directed 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.

5. In W.P.No.6776 of 2018, TANGEDCO has been directed vide order dated 28.10.2021 to formulate a definite policy as to how they propose to deal with their liabilities under the agreements, going forward.

6. Mr.Kalam, who takes notice for the respondents would submit that the policy which is presently being finalized also includes the issue of interest payable to consumers for delay in effecting payments.

7. In view of the identity of facts that arise in the earlier matters as in the present matters, learned counsel would request the Court to pass final

orders in the present writ petitions even at the stage of admission following the ratio of orders dated 28.10.2021 and 22.12.2021 as aforesaid.

8. Thus, acceding to the request, W.P.Nos.1578, 1598 and 1608 of 2022 are disposed in terms of the orders passed on 28.10.2021 and 22.12.2021 granting the mandamus as sought for. No costs. Consequently, connected miscellaneous petitions are closed.

4. Mr.Kalam, concurs on the complete identity between the facts and legal position as obtained in the present writ petitions and the Writ Petitions referred to above. Thus, the same order passed on 07.02.2022 is taken to be passed in these writ petitions as well.

5. These writ petitions are disposed in terms of orders dated 07.02.2022 passed in W.P.No.1578 of 2022 and batch, as extracted supra, granting the mandamus as sought for. No costs. Connected Miscellaneous Petitions are closed.

6. List these Writ Petitions along with W.P.No.6776 of 2018 and batch on 25.02.2022 under the caption 'for filing final report'.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sl/kbs To

1. The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (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, Coimbatore Metro Electricity Distribution Circle, Coimbatore.

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

+3 ccs to Mr.R.S.Pandiyaraj, Advocate Sr.NO. 11474 W.P.Nos.2935, 2939 & 2947 of 2022 & WMP.Nos.3080, 3086 & 3096 of 2022 PMK(CO) A.SK(25/03/2022)