M/S.Magnum Spinning Mills India Pvt Ltd v. Tamilnadu Electricity Regulatory

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.3140 of 2025 and W.M.P.No.3461 of 2025 M/s Magnum Spinning Millss India Pvt. Ltd., S.F.No.355/1-A Varuthampatti, Chinnagoundanoor Village (Po), Sankari 637 303, Salem District, rep. by its Director P.Raju ... Petitioner vs.

1.Tamilnadu Electricity Regulatory Commission Repd. By Its Secretary, 19-A Rukmini Lakshmipathy Salai (Marshalls Road), Egmore, Chennai 600 008.

2.The Chairman Tamilnadu Generation And Distribution Corporation Limited, 144 Anna Salai, Chennai 600002.

3.Director Finance Tamilnadu Generation And Distribution Corporation Limited, 144 Anna Salai, Chennai 600002.

4.The Superintending Engineer TANGEDCO, Mettur Electricity Distribution Circle, Mettur.

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5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the Respondents and their men agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents makes payment of the outstanding dues of Rs.1,77,387/- (from June 2023 to July 2023 and September 2024) 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.R.S.Pandiyaraj For Respondents : Mr.I.Syed Sibquthulla Standing Counsel for respondents 2 to 5.

R1- dispensed with.

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

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2. The petitioner herein seeks issue of Writ of Mandamus, forbearing the respondents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of outstanding dues of Rs.1,77,387/-payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

3. It is the case of the petitioner that it is an industry owning windmills under captive scheme under 5th respondent, generating wind energy and supplying surplus energy to TANGEDCO under Energy Wheeling Agreement. The petitioner had erected Wind Energy Generators, which generates power and the petitioner utilised the portion of the electric energy generated by it and surplus was supplied to the respondents.

4. As per the details furnished by the 5th respondent, the petitioner supplied energy to the respondents for value of Rs.1,77,387/- upto September 2024. The petitioner raised invoice for encashment of the above said amount based on the applicable tariff and the same has not been honoured by the respondents. Therefore, the petitioner has come before this 3/8

Court with a prayer seeking adjustment of the amount due to the petitioner from TANGEDCO/respondents 2 to 5. The petitioner submitted a representation on 07.01.2025 enclosing statement downloaded from the website of the TANGEDCO. Therefore, there is no dispute with regard to the quantum payable by TANGEDCO to the petitioner towards electricity supplied by it.

5. Heard the argument of learned counsel appearing for the petitioner and Mr.I.Syed Sibquthullah, learned Standing Counsel (TANGEDCO), who is taking notice for the respondents.

6. This Court in similar cases in W.P.No.31140 of 2024, dated 19.10.2024 batch cases, passed the following orders:- "3. The learned Single Judge of this Court, vide order dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch in the case of M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission, in identical circumstances which was also relied upon by the learned counsel for the petitioner held as under:- "11. In view of the above, all these Writ Petitions 4/8

are Disposed of with the following directions:- (a) In all those cases where the TANGEDCO has acted upon the interim orders passed bythis 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."

4. In view of the above fact that the earlier Writ petitions involving similar issue being disposed of by this Court in the aforesaid terms, the present Writ Petitions also stand disposed of in terms of the above said order of this Court dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch. No costs. Consequently, connected M.Ps are closed." 5/8

7. Therefore, this Court is also inclined to pass similar order by directing the respondents 2 to 5 to adjust the amount of Rs.1,77,387/- payable by the respondents to the petitioner towards the electricity supplied to them by the petitioner, with the current consumption charges, demand charges payable by the petitioner, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against the petitioner for disconnection of power supply till entire outstanding amount payable to the petitioner by respondents gets adjusted towards current consumption charges, demand charges etc., payable by the petitioner.

8. With this direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 29.01.2025 Index : Yes/No Internet:Yes/No mst To 1.Tamilnadu Electricity Regulatory Commission 6/8

Repd. By Its Secretary, 19-A Rukmini Lakshmipathy Salai (Marshalls Road), Egmore, Chennai 600 008.

2.The Chairman Tamilnadu Generation And Distribution Corporation Limited, 144 Anna Salai, Chennai 600002.

3.Director Finance Tamilnadu Generation And Distribution Corporation Limited, 144 Anna Salai, Chennai 600002.

4.The Superintending Engineer TANGEDCO, Mettur Electricity Distribution Circle, Mettur.

5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli S.SOUNTHAR, J.

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