M/S.Ambica Agarbathies And Aroma Industries Limited v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.7086 of 2023 M/s.Ambica Agarbathies & Aroma Industries Limited, Represented by its Authorised Signatory, Mr.R.Narayanan, Having office at No.79, 100 Feet Road, Vadapalani, Chennai - 600 026.
... Petitioner Vs.
1.Tamil Nadu Electricity Regulatory Commission, Represented 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.The Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
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4.The Superintending Engineer, TANGEDCO, Chennai West Electricity Distribution Circle, K.K.Nagar, Chennai - 600 078.
5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for 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 petitioner until the respondent makes payment of the outstanding dues of Rs.29,99,594/- for 2020-2021 to 2021-2022 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.M.V.Bhaskar For Respondents : Mr.L.Jai Venkatesh Standing Counsel *****
ORDER
This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus, to forbear the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears 2/6
from the petitioner until the respondent makes payment of the outstanding dues of Rs.29,99,594/- for 2020-2021 to 2021-2022 payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. 2.The case of the petitioner is that the petitioner is having High Tension Electricity Supply in H.T.Sc.No.1198 coming under the fifth respondent and producing electricity and exporting the same to the respondent-TANGEDCO as per the Energy Wheeling Agreement (EWA) executed between the the officers of the second respondent and the petitioner. Though the petitioner is paying the regular Current Consumption charges raised by the fifth respondent for their industrial consumption without any default, the respondents have failed to pay the petitioner for the surplus energy sold from 2020-2021 and 2021-2022, totalling a sum of Rs.29,99,594/-. Therefore, the present writ petition is filed before this Court.
3.Mr.M.V.Bhaskar, learned counsel for the petitioner submitted that the TANGEDCO has consumed energy from the petitioner, however, 3/6
the petitioner has also consumed energy from the TANGEDCO and without paying the huge due amount payable to the petitioner, the respondent-TANGEDCO demanded current consumption charges from the petitioner.
4.Mr.L.Jai Venkatesh, learned Standing Counsel appearing for the respondents submitted that the current consumption charges payable by the petitioner will be adjusted with the dues payable by the TANGEDCO to the petitioner.
5.Recording the submission made by the learned Standing Counsel appearing for the respondents, the Writ Petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed. 10.03.2023 Index : Yes / No Speaking order / Nonspeaking order Netrual Citation Case : Yes / No sp 4/6
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 Limited, 144, Anna Salai, Chennai - 600 002.
3.The Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4.The Superintending Engineer, TANGEDCO, Chennai West Electricity Distribution Circle, K.K.Nagar, Chennai - 600 078.
5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
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M.DHANDAPANI, J.
sp and W.M.P.No.7086 of 2023 10.03.2023 6/6