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Madras High CourtWP/5223/2020closed

Pandian Textiles Mills P Ltd Htsc No. 178 v. Tamil Nadu Electricity Regulatory

2021-11-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5223 of 2020 and W.M.P.No.6167 of 2020 Pandian Textiles P.Ltd HTSC No.178 Regd Off.21, Dharapuram Road, Thillai Nagar, Tiruppur-641 604 Rep by its Authorised Signature R. Bommanasamy

...Petitioner

Vs 1.Tamil Nadu Electricity regulatory Commission, Rep by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008 2.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chenna-600 002.

3.Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chenna-600 002.

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

5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the Respondent makes payment of the outstanding dues of Rs.67,312/- (for the year of 2013-2014) payable to the petitioner will the entire amount is adjusted.

For petitioner :

Mr. R.S. Pandiayaraj For Respondents :

Mr. L. Jaivenkatesh, Government Advocate

ORDER

When the matter is taken up for hearing, the learned Counsel for the petitioner fairly conceded that the issued has already been decided by the learnd Singl Judge of this Court in W.P.Nos.6776 of 2018 etc., batch. 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 2018 etc., in identical circumstances 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 payable has been adjusted, those Writ Petitions will be rendered infractuous 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 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."

3. In view of the above, nothing survives for adjudication in this matter. Accordingly, this Writ Petition is disposed of in the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar NHS To 1.The Secretary, Tamil Nadu Electricity regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008 2.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chenna-600 002.

3.Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chenna-600 002.

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

5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

W.P.NO.5223 of 2020 and W.M.P.No.6167 of 2020 GJ (CO) PR (23/12/2021)