Sree Narasimha Textiles P Ltd, Htsc No.246, v. Tamil Nadu Electricity Regulatory

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.5508 of 2019 Sree Narasimha Textiles P Ltd.

HTSC No.246, RR Landmark No.1E-1, Nava India Road, Coimbatore - 641 028 rep. by its Authorized Signatory, G.Lakshmi Narayanasamy ... Petitioner vs.

1.

Tamil Nadu Electricity Regulatory Commission, rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai 600 008.

The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai 600 002.

The Director (Finance), Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai 600 002.

4.

The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle/Metro, Coimbatore.

5.

The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

6.

The Superintending Engineer, TANGEDCO, Theni Electricity Distribution Circle, Theni.

... Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of 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 make payment of the outstanding dues of Rs.1,46,52,286/- (for the year 2016-2017) 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.Abul Kalam

O R D E R

This Writ Petition is filed seeking to forbear the Respondents from collecting current consumption charges, demand charges and any arrears from the Petitioner until the Respondents make payment of the outstanding dues of Rs.1,46,52,286/- (for the year 2016-2017) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted. When the matter is taken up for hearing, learned counsel for the Petitioner fairly conceded that, the issue in question has already been decided by this Court in W.P.No.6776 of 2018, etc. batch of cases and that, a similar order may be passed in the above Writ Petition, as well.

In an identical circumstance, in W.P.No.6776 of 2018, etc. batch of cases, this Court has held as under: "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 to be payable has been adjusted, those Writ Petitions will be rendered infructuous since the grievance of those Petitions 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 the TANGEDCO shall 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."

4.

Following the ratio laid down in the said decision, this Court disposed of the Writ Petition in W.P.No.5218 of 2020 by an order dated 18.11.2021. In fine, the present Writ Petition is also disposed of in the aforesaid terms. No costs. Consequently, connected W.M.P.No.6270 of 2019 is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar (aeb) To:

1.

The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore,Chennai 600 008.

The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai,Chennai 600 002.

The Director (Finance), Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai 600 002.

4.

The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle/Metro, Coimbatore.

5.

The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

6.

The Superintending Engineer, TANGEDCO, Theni Electricity Distribution Circle,Theni.

+2 ccs to Mr. R.S.Pandiyaraj, Advocate Sr.NO. 68614,68945 W.P.No.5508 of 2019 smi(CO) A.SK(06.01.2022)