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Madras High CourtWP/6550/2024disposed of

Sri Marudhamalai Andavar Spinning Mills v. The Tamil Nadu Generation And

2024-03-15Honourable Mrs Justice J. Nisha Banu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P.No.7280 of 2024 Sri Marudhamalai Andavar Spinning Mills rep. by its Managing Partner Perur Road, Telungupalayam Post, Coimbatore - 641 039.

... Petitioner vs.

1. The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), 10th Floor, Eastern Wing, N.P.K.R.R.Maligai, Chennai - 600 002 represented by tis Chairman & Managing Director.

2. Director Finance, The Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 60 002.

3. The Chief Financial Controller, The Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 60 002.

4. The Superintending Engineer, Tirunelveli Electricity Distribution Circle/TANGEDCO, Tirunelveli.

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5. The Superintending Engineer, Coimbaore (Metro) Electricity Distribution Circle/TANGEDCO, Coimbatore.

..Respondents.

Prayer in W.P. : Writ Petition filed under Article 226 of the constitution to issue a Writ of Mandamus to direct the respondents not to collect current consumption charges, demand charges and any arrears from the petitioner for the consumption in HTSC No.039094350323 connected to the 5th respondent, till the payment of entire outstanding dues of Rs.30,67,424/- payable to the petitioner towards encashment of banked units of energy present in the petitioner's banking account for the periods ending 31.03.2017 and 31.03.2018 generated by the petitioner's WEGs bearing HTSC Nos.079204721073 and 079204720605 connected to the 4th respondent until the said amount is either paid or adjusted in full by the respondents herein.

For Petitioner : Mr.Rahul Balaji For Respondents : Mr.J.Aravind for Mr.D.R.Arunkumar Standing Counsel for TANGEDCO

O R D E R

Mr.J.Aravind, learned counsel representing Mr.D.R.Arunkumar, the learned Standing Counsel appearing for TANGEDCO takes notice for 2/6

the respondents. By consent of both parties, the main writ petition itself is taken up for final disposal.

2. This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents not to collect current consumption charges, demand charges and any arrears from the petitioner for the consumption in HTSC No.039094350323 connected to the 5th respondent, till the payment of entire outstanding dues of Rs.30,67,424/- payable to the petitioner towards encashment of banked units of energy present in the petitioner's banking account for the periods ending 31.03.2017 and 31.03.2018 generated by the petitioner's WEGs bearing HTSC Nos.079204721073 and 079204720605 connected to the 4th respondent until the said amount is either paid or adjusted in full by the respondents herein.

3. When the matter is taken up, the learned counsel for the respondent would state that the respondents wanted to check the outstanding due amount and prays for short accommodation.

4. However, the learned counsel for the petitioner would state that in similar circumstances, this Court in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023 had passed orders forbearing the respondents from collecting the current 3/6

consumption charges and directed the respondents to adjust the outstanding dues first as against the said charges. Learned counsel also produced a copy of the order passed by this Court in W.P.No.31451 of 2023 dated 02.11.2023 following the order passed in the above said W.P.No.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.

5. In view of the above, this Writ Petition is disposed in the same terms as in the order passed by this Court in W.P.No.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023. No costs. Consequently, connected miscellaneous petition is closed. 15.03.2024 Index :yes/No Speaking /Non speaking order vsi To

1. The Chairman & Managing Director Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), 10th Floor, Eastern Wing, N.P.K.R.R.Maligai, Chennai - 600 002.

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2. Director Finance, The Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 60 002.

3. The Chief Financial Controller, The Tamil Nadu Generation and Distribution Corporation Ltd., Chennai - 60 002.

4. The Superintending Engineer, Tirunelveli electricity Distribution Circle/TANGEDCO, Tirunelveli.

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J.NISHA BANU, J.

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