M/S.Sugavaneshwara Spg Mills Pvt.Ltd., v. Tamil Nadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.11137 of 2021 M/s.Sugavaneshwara Spg Mills (p) ltd., ... Petitioner Vs.
1. Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai (Marshall 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, Salem Electricity Distribution Circle, Salem,
5. The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 4th respondent and their men, agents from collecting the current consumption charges, demand charges and any arrears from the petitioner until the respondent makes payment of the outstanding dues of Rs.7,75,565/- (for the year of 2016-17) 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.Saravanakumar For R1 : No appearance For R2 to R5 : Mr.I.Syed Sibghatulla SC for TANGEDCO
O R D E R
The learned counsel for the petitioner would submit that the issues raised in the present writ petition is covered under the orders passed by this
Court in a batch of Writ Petitions in W.P.No.6776 of 2020 etc., batch dated 28.10.2021. The relevant portion of the order reads as under:- " 11. 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 and payable has been adjusted, those writ petitions will be rendered infructuous 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 (c) The TANGEDCO shall not take any 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.
12. Post these cases under the
caption "for filing final report" on 23.12.2021 with regard to the subsequent developments that takes place in the meeting to be held on 20.12.2021 and also with regard to the submission of the policy paper as directed by this Court through order dated 03.09.2021. No costs.
Consequently, connected miscellaneous petitions are closed."
2. Accordingly, the Writ Petition is disposed of based on the order passed in the Writ Petition cited supra. Consequently, the connected Miscellaneous Petition is closed. No costs.
06.02.2024 skr Index : Yes Speaking order To
1. The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai (Marshall 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, Palladam Electricity Distribution Circle, Palladam,
5. The Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin.
S.M.SUBRAMANIAM, J.
skr 06.02.2024