M/S.Jayanthi Wind Farms Pvt. Ltd., v. Tamilnadu Electricity Regulatory
2024:MHC:945
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 26.02.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.5271 and 5274 of 2024 M/s.Jayanthi Wind Farms Pvt. Ltd., Amarjothi House, No.157, Kumaran Road, Tirupur - 641 601 Coimbatore District.
rep. by its Authorized Signatory K.Selvakumar ... Petitioner in W.P.No.4832 of 2024 M/s.Kanagathara Wind Farms, Amarjothi House, No.157, Kumaran Road, Tirupur - 641 601 rep. by its Authorized Signatory K.Selvakumar ... Petitioner in W.P.No.4834 of 2024 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
2. The Chairman, Chennai 600 002
3. Director Finance Chennai 600 002.
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4. The Superintending Engineer TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin.
5. The Superintending Engineer TANGEDCO, Gobi Electricity Distribution Circle, Gobi.
... Respondents in both W.Ps COMMON PRAYER:
W rit Petitions 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 Group Captive consumer M/s.Amarjothi Spinning Mills Ltd. HTSC No.49094360085 until the respondents make payments of the outstanding dues of Rs.1,89,493/ - (June, 2023 to September, 2023) and Rs.5,87,399/- (June 2023 to July 2023) payable to the petitioners or give adjustment in the current consumption charges payable by the petitioners till the entire amount is adjusted. In both W.Ps For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.Syed Sibgathulla Standing Counsel C O M M O N O R D E R Mr.Syed Sibgathulla, 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 any further charges till the entirety of the outstanding dues of Rs.1,89,493/- (W.P.No.4832 of 2024) and Rs.5,87,399/- (W.P.No.4834 of 2024) is adjusted as against the consumption charges. 2 / 4
3. Mr.Syed would acquiesce to the position that the amount of Rs.1,89,493/- (W.P.No.4832 of 2024) and Rs.5,87,399/- (W.P.No.4834 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. 26.02.2024 sl Index : Yes / No Speaking Order:Yes To
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
2. The Chairman, Chennai 600 002 3 / 4
DR.ANITA SUMANTH, J.
sl
3. Director Finance Chennai 600 002.
4. The Superintending Engineer TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin.
5. The Superintending Engineer TANGEDCO, Gobi Electricity Distribution Circle, Gobi.
& WMP.Nos.5271 and 5274 of 2024 26.02.2024 4 / 4