M/S.Sreedhara Textiles P Ltd., v. Tamil Nadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.03.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.9670 & 9674 of 2023 M/s.Sreedhara Textiles P Ltd., HTSC No.039094380500 No.707, Suguna Building, 3rd Floor, Avinashi Road, Coimbatore-641018 repd by its Authorized Signatory G.Sivakumar ... Petitioner (in W.P.No.9618 of 2023) Deventhira Spinners (P) ltd, S.F.No.350, 352 & 353 Na, Uppupalayam, Padaveedu Village, Sanniyasipatty post, Sankari West, Namakkal -637306 repd by its Authorised signature S.Krishnasamy ... Petitioner (in W.P.No.9621 of 2023) Vs
1. Tamil Nadu Electricity Regulatory Commission, Rep by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008 Page No:1/8
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002.
3. Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chenna-600 002. ... R1 to R3 (in both petitions)
4. The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.
... R4 in W.P.No.9618 of 2023
5. The Superintending Engineer, TANGEDCO, Namakkkal Electricity Distribution Circle, Namakkal.
... R4 in W.P.No.9621 of 2023
6. The Superintending Engineer, TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
... R5 in both Petitions.
PRAYER in W.P.No.9618 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus or any other writ or Direction in the nature of a Writ, 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.14,53,234/- (for the year of 2021-2022) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted Page No:2/8
PRAYER in W.P.No.9621 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus or any other writ or Direction in the nature of a Writ, 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.10,91,081/- (for the year of 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 (in both petitions) ... M/s.R.S.Pandiaraj For Respondents (in both petitions) ... Mr.S.Kalaiselvan, Standing Counsel for TNEB C O M M O N O R D E R 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. Page No:3/8
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." Page No:4/8
3. In view of the above, nothing survives for adjudication in this matter. Accordingly, these Writ Petitions are disposed of in the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. 28.03.2023 NHS Index:Yes/No Internet:Yes Page No:5/8
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, Chennai-600 002.
3. Director Finance, Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002.
4. The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.
5. The Superintending Engineer, TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
6. The Superintending Engineer, TANGEDCO, Namakkkal Electricity Distribution Circle, Namakkal.
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M.DHANDAPANI, J NHS 28.03.2023 Page No:8/8