J.K.Fenner (India) Limited v. Tamil Nadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.5014, 5015 and 5020 of 2020 J.K.Fenner (India) Limited Repd. by its Authorized Signatory M.Rajasekara Pandiyan ... Petitioner in W.P.4245/2020 Adisankara Spinning Mills (P) Ltd., (Knitting Division) Repd. by its Authorised Signature M.Velumani ... Petitioner in W.P.4246/2020 M/s.Shri Dhanalakshmi Spintex P Ltd., Repd. by its Authorised Signatory N.Neelaraj ... Petitioner in W.P.4250/2020 Vs.
1.Tamil Nadu Electricity Regulatory Commission repd. 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.
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3.Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
... Respondents in all the W.Ps.
4.The Superintending Engineer TANGEDCO, Chengalpattu Electricity Distribution Circle, Chengalpattu.
5.The Superintending Engineer, TANGEDCO, Kanyakumar Electricity Distribution Circle, Nagercoil.
... Respondents in W.P.4245/2020 4.The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
5.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
... Respondents in W.P.4246/2020 4.The Superintending Engineer TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
5.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
... Respondents in W.P.4250/2020 Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue 2/7
a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioners until the respondents makes payment of the outstanding dues of Rs.23,12,797/-, Rs.1,08,55,034/- and Ra.1,19,17,951/- respectively, (for the year of 2016-2018), (for the year of 2014-2018) and (for the period from April /2019 to September /2019) respectively, payable to the petitioners or give adjustment in the current consumption charges payable by the petitioners till the entire amount is adjusted.
For Petitioners : Mr.R.S.Pandiyaraj For Respondents : Mr.L.Jaivenkatesh C O M M O N O R D E R When the matter was taken up for hearing, the learned counsel appearing for the petitioners fairly conceded that the issue has already been decided by the learned Single Judge of this Court in W.P.Nos.6776 of 2020 etc., batch on 28.10.2021. Therefore the same order may be passed in these petitions as well. 2.In view of the fair stand taken by the learned counsel for the parties, the learned Single Judge of this Court in W.P.Nos.6776 of 3/7
2020 etc., batch (M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission) dated 28.10.2021, in identical circumstances held as under:- "11. In view of the above, all these Writ Petitions are Disposed of with the following directions:- (a) In all those cases where the TANGEDCO has acted upon the interim orders passed by this 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."
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3.In view of the above, nothing survives for adjudication in these matters. Accordingly, these writ petitions are disposed of in the aforesaid terms.
No costs.
Consequently, the connected miscellaneous petitions are closed.
28.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.Tamil Nadu Electricity Regulatory Commission repd. 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.
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4.The Superintending Engineer TANGEDCO, Chengalpattu Electricity Distribution Circle, Chengalpattu.
5.The Superintending Engineer, TANGEDCO, Kanyakumar Electricity Distribution Circle, Nagercoil.
6.The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
7.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
8.The Superintending Engineer TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
9.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
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M.DHANDAPANI,J.
pri W.P.Nos.4245, 4246 and 4250 of 2020 And W.M.P.Nos.5014, 5015 and 5020 of 2020 28.03.2023 7/7