N.R.G.Tex., v. Tamilnadu Electricity Regulatory
2024:MHC:1230
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No. 6648 of 2024 N.R.G.Tex, H.T.Sc.Nos.049094260207, 74, Venkatachalam Street, Erode - 638 001 repd. by its Proprietor T.Saravana .. Petitioner 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 3.Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
4.The Superintending Engineer TANGEDCO 1/7
Tirunelveli Electricity Distribution Circle, Tirunelveli.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 3rd & 4th Respondents, to make payment of the outstanding dues of Rs.23,53,120/- payable to the petitioner towards cost of the unutilized banked wind energy supplied by the Petitioner for the period 2019-2022.
For Petitioner :
Mr.M.Saravanakumar For Respondents :
Mr.Mohd. Yaqoob for Mr.D.R.Arun Kumar Standing Counsel
O R D E R
Mr.Mohd. Yaqoob, learned counsel on behalf of Mr.D.R.Arun Kumar, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, even at the stage of admission.
2. The prayer is for a mandamus directing the 3rd and 4th respondent, 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 2/7
outstanding dues of Rs.23,53,120/- is adjusted as against the consumption charges.
3. Mr.Mohd. Yaqoob would acquiesce to the position that the amount of Rs.23,53,120/- as quantified by the petitioner is, indeed, arrears due to the petitioner.
4. In fact similar orders have been passed in a writ petition involving identical factual and legal position (see order in W.P.No.1578 of 2022 batch dated 07.02.2022 for easy reference), wherein the following order has been passed:
'Mr.Abul Kalam, learned Standing Counsel accepts notice for the respondents. By consent of both sides, these Writ Petitions are disposed finally even at the stage of admission.
2. The petitioners seek a Writ of Mandamus forbearing the respondents i.e., the Tamil Nadu Electricity Regulatory Commission and various other officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges, demand charges and other arrears from the petitioners until such time the respondents settle the outstanding dues of Rs.3,60,657/- (W.P.No.1578 of 2022), Rs.8,78,252/- (W.P.No.1598 of 2022) and Rs.1,42,077/- (W.P.No.1608 of 2022), all for the period 20192020, payable to the petitioners or adjust the same against current consumption charges till the entirety of the amounts stand adjusted.
3. Both learned counsel would concur on the position that this issue stands decided by various 3/7
Benches of this Court. In W.P.Nos.27559 and 27564 of 2021 final orders were passed on 22.12.2021 to the effect that, in those cases where TANGEDCO was in the process of adjusting the outstanding amounts due, such adjustment would continue till the entire outstanding amounts stood adjusted towards current consumption charges/open access charges payable by the respective Petitioners.
4. TANGEDCO was directed 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.
5. In W.P.No.6776 of 2018, TANGEDCO has been directed vide order dated 28.10.2021 to formulate a definite policy as to how they propose to deal with their liabilities under the agreements, going forward
6. Mr.Kalam, who takes notice for the respondents would submit that the policy which is presently being finalized also includes the issue of interest payable to consumers for delay in effecting payments.
7. In view of the identity of facts that arise in the earlier matters as in the present matters, learned counsel would request the Court to pass final orders in the present writ petitions even at the stage of admission following the ratio of orders dated 28.10.2021 and 22.12.2021 as aforesaid.
8. Thus, acceding to the request, W.P.Nos.1578, 1598 and 1608 of 2022 are disposed in terms of the orders passed on 28.10.2021 and 22.12.2021 granting the mandamus as sought for. No costs. Consequently, connected miscellaneous petitions are closed.
9. As far as W.P.No.1611 of 2022 is concerned, the amount outstanding is admittedly, a 4/7
sum of Rs.23,41,439/-. As the petitioner states that it sells the entire electricity generated to the respondent, the question of captive consumption, and consequently, adjustment against CC charges, does not arise.
10. In light of the above, W.P.No.1611 of 2022 is disposed directing TANGEDCO, to settle the outstanding amount within a period of 12 weeks from today. No costs. Connected miscellaneous petitions are closed.'
5. In view of the identity of facts that arise in the earlier matters as in the present matter, learned counsel would request the Court to pass final orders in the present writ petition even at the stage of admission following the ratio of orders dated 28.10.2021 and 22.12.2021 as aforesaid.
6. Thus, acceding to the request, this writ petition is allowed in terms of the orders passed on 28.10.2021 and 22.12.2021 granting the mandamus as sought for. No costs. Consequently, connected miscellaneous petition is closed.
07.03.2024 Index:Yes/No Speaking Order vs 5/7
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.
4.The Superintending Engineer TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
6/7
DR. ANITA SUMANTH,J.
vs and W.M.P.No. 6648 of 2024 07.03.2024 7/7