Madras High CourtWP/10900/2021disposed of

M/S. Abimithra Spinning Mills Pvt. Ltd. v. Tamil Nadu Electricity Regulatory

2024-02-09Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.11537 of 2021 M/s. Abimithra Spinning mills pvt. ltd.

... Petitioner Vs.

1. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19-A, Rukminilakshmipathy Salai, (Marshalls Road), Egmore, Chennai-600 008.

2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-2.

3. Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-2.

4. The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Coimbatore.

5. The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.

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

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, forbearing the Respondents 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. 38,34,384/- (for the year of 2019-20) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.

For Petitioner : Mrs.M.Mythili For Respondents : No appearance

ORDER

The learned counsel for the petitioner would submit that the issue raised in this 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:- 2/6

(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 3/6

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 stands disposed of based on the order passed in the Writ Petition cited supra. Consequently, the connected Miscellaneous Petition is closed. No costs.

09.02.2024 Index : Yes Speaking Order (sha) 4/6