Lishanth Pet Industries, v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.13777, 13804 and 13807 of 2023 And W.M.P.Nos.13450, 13470 & 13474 of 2023 W.P.No.13777 of 2023:
Lishanth Pet Industries, SF. No.47/4B, SS. Nagar, Pappiaickenpatty, Karungalpalayam Post, Namakkal, Rep. By its Authorised Signatory, S.Sakthi.
... Petitioner Vs.
2. 2.The Chairman,
Namakkal Electricity Distribution Circle, Namakkal.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue 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 make payment of the outstanding dues of Rs.10,09,436/-(for the period from January/2022 to July 2022 payable to the petitioner or give adjustment in the current consumption charges in HTSC No.049094360085 payable by the petitioner till the entire amount is adjusted.
W.P.No.13804 of 2023:
M/s.Abimithra Spinning Mills Pvt. Ltd., Kottaipalayam Post, Vaiyampalayam Via, Coimbatore, Rep. By its Authorised Signatory Karthikeyan K. ... Petitioner Vs.
2. The Chairman, Coimbatore North Electricity Distribution Circle, Coimbatore.
Coimbatore South Electricity Distribution Circle, Coimbatore.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue 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 make payment of the outstanding dues of Rs.17,43,137/-(for the year of 2020-2021) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
W.P.No.13807 of 2023:
M/s.Sree Vijayalakshmi Textiles, West Sambala Thottam, Kannampalayam, Kalapatty (West) Coimbatore North, Rep. By its Authorised Signatory Karthikeyan K. ... Petitioner Vs.
2. The Chairman, Coimbatore Electricity Distribution Circle, Coimbatore.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue 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 make payment of the outstanding dues of Rs.2,49,103/-(for the year 20202021) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For Petitioners : Mr.S.Lakshmipathy (in all the petitions) For Respondents : Mr.L.Jaivenkatesh, Standing Counsel (In all the petitions) COMMON ORDER When the matter was taken up for hearing, the learned counsel appearing for the petitioner fairly conceded that the issue has already been decided by the learned Single Judge of this Court in W.P.Nos.6776 of 2020 etc., batch on 28.10.2021. Therefore the same order may be passed in this petition as well. 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 2020 etc., batch (M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission) dated
28.10.2021, in identical circumstances held 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."
3.In view of the above, nothing survives for adjudication in these matters. Accordingly, the writ petitions are disposed of in the aforesaid terms.
No costs.
Consequently, the connected miscellaneous petitions are closed.
28.04.2023 rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
2. The Chairman, Coimbatore Electricity Distribution Circle, Coimbatore.
M.DHANDAPANI,J.
rli W.P.Nos.13777, 13804 and 13807 of 2023 28.04.2023