M/S.S.K.L.Exports v. The Chairman
2024:MHC:6290
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos. 2971, 2974 & 2976 of 2024 and W.M.P.Nos. 3236, 3238 & 3239 of 2024 W.P.Nos.2971 & 2976 of 2024 M/s S.K.L. Exports, S.F.No. 396/2E, 295/1C, Mahavishnu Nagar, Angeripalayam Post, Tirupur - 641 603.
Rep. by its Partner N.Govindasamy .. Petitioner 1.The Chairman, 2.Chief Engineer, 3.Director Generation, 144, Anna Salai, Chennai - 02.
4.The Superintending Engineer 1/6
Coimbatore Metro Electricity Distribution Circle, Coimbatore.
.. Respondents W.P.No.2974 of 2024 M/s Sri Kumaran Synthetics India Pvt Ltd., 280/1, Kollampatty, Palakampalayam, Kumarapalayam Taluk, Namakkal - 637 303 Rep. by its Director, R.Dinesh .. Petitioner 1.Tamil Nadu Electricity Regulatory Commission Road, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 08.
2.The Chairman 3.Chief Engineer, 4.The Superintending Engineer, Meettur Electricity Distribution Circle, Mettur.
.. Respondents Prayer in W.P.Nos.2971 & 2976 of 2024: Petition filed under Article 226 of the Constitution of India praying 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's HSTC No. 039094380674 till the entire outstanding dues of 2/6
Rs.20,00,000/- & Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's solar power plant HTSC no. 039534390093 & 039534390092 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. Prayer in W.P.No.2974 of 2024:
Petition filed under Article 226 of the Constitution of India praying 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's HSTC No. 049094220451 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's solar power plant HTSC no. 06953444003 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For Petitioner :
Mr.R.S.Pandiyaraj (in all writ petitions) For Respondents :
Ms.A.Aarthi for Mr.I.Syed Sibghatulla Standing Counsel (in all writ petitions) COMMON ORDER Ms.A.Aarthi, learned counsel for Mr.I.Syed Sibghatulla, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of these matters, 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 3/6
any further charges till the entirety of the outstanding dues of Rs.20,00,000/- (W.P.No.2971 of 2024), Rs.10,00,000/- (WP.No.2974 of 2024) and Rs.30,00,000/- (W.P.No.2976 of 2024) is adjusted as against the consumption charges.
3. Ms.Aarthi would acquiesce to the position that the amount of Rs.20,00,000/- (W.P.No.2971 of 2024), Rs.10,00,000/- (WP.No.2974 of 2024) and Rs.30,00,000/- (W.P.No.2976 of 2024) as quantified by the petitioners are indeed arrears due to the petitioners.
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, these Writ Petitions stand allowed. No costs. Connected Miscellaneous Petitions are closed. 09.02.2024 Index:Yes/No Speaking order 4/6
To 1.The Chairman 2.The Chief Engineer, 3.The Director Generation, 144, Anna Salai, Chennai - 02.
4.The Superintending Engineer Coimbatore Metro Electricity Distribution Circle, Coimbatore.
5.The Secretary, Tamil Nadu Electricity Regulatory Commission Road, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 08.
6.The Superintending Engineer, Meettur Electricity Distribution Circle, Mettur.
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DR. ANITA SUMANTH,J.
W.P.Nos. 2971, 2974 & 2976 of 2024 and W.M.P.Nos. 3236, 3238 & 3239 of 2024 09.02.2024 6/6