Madras High CourtWP/8679/2024disposed of with direction

Loyal Textile Mills Limited v. Tamil Nadu Generation And

2025-11-06Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI & WMP.No.9685 of 2024 Loyal Textile Mills Limited, Rep. By its Wholetime Director, Mr.E.M.Manivannan, 83, 1 st Main Road, R.A.Puram, Chennai - 600 028.

Petitioner(s) Vs 1.The Tamil Nadu Generation and Distribution Corporation Ltd(TANGEDCO), 10 th floor, Eastern Wing, N.P.K.R.R.Maligai, 144, Anna Salai, Chennai - 600 002, Represented by its Chairman & Managing Director.

2.Director Finance The Tamil Nadu Generation and Distribution Corporation Ltd, 144, Anna Salai, Chennai 600 002.

3.The Chief Financial Controller, The Tamil Nadu Generation and Distribution Corporation Ltd 144, Anna Salai, Chennai 600 002.

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

5.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

6.The Superintending Engineer, Palladam Electricity Distribution Circle, Palladam.

7.The Superintending Engineer, Tuticorin Electricity Distribution Circle, Ettayapuram Road, Tuticorin - 628 001.

8.The Superintending Engineer, Virudhunagar, Electricity Distribution Circle, Virudhunagar.

9.The Superintending Engineer, Sivagangai Electricity Distribution Circle, Sivagangai.

Respondent(s)

PRAYER:This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents and their men, agents not to collect current consumption charges, demand charges, and any arrears from the Petitioner for the consumption in HTSC Nos.079094700227, 079094620065 and 059094600070 connected to the 7 th, 8 th and 9 th Respondent respectively, till the payment of entire outstanding dues of Rs.85,68,903/- payable to the petitioner towards encashment of unutilised banked units of energy generated by the Petitioner's WEGs connected to 4 th, 5 th and 6 th Respondent including interest at 12% p.a., until the said amount is either paid, or adjusted in full against the Petitioner's current consumption bills. For Petitioner(s):

Mr.Raghul Balaji For Respondent(s):

Mr.S.Madhusudanan, Standing Counsel, TANGEDCO

ORDER

The prayer is for a mandamus forbearing the respondents, 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 outstanding dues of Rs.85,68,903/- is adjusted as against the consumption charges.

2.Mr.S.Madhusudanan, learned Standing Counsel for TANGEDCO would acquiesce to the position that the amount of Rs.85,68,903/- lakhs as quantified by the petitioner is, indeed, arrears due to the petitioner. 3.Incidentally, the amount computed by the petitioner includes interest at the rate of 12% per annum as of 1 st August 2023. The decision qua interest is that the applicable rate is admittedly 10% per annum, which Mr.S.Madhusudanan would agree will be computed as and when the adjustment happens.

4.Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding dues first as against the charges.

5.It is seen that similar orders have been passed in identical circumstances in Writ Petitions in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.

6.In the light of the above, the Writ Petition stands allowed. No costs. Connected Miscellaneous Petition is closed.

06-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Tamil Nadu Generation and Distribution Corporation Ltd(TANGEDCO), 10 th floor, Eastern Wing, N.P.K.R.R.Maligai, 144, Anna Salai, Chennai - 600 002, Represented by its Chairman & Managing Director.