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Madras High CourtWP/15639/2022disposed of

M/S.Ariya Plastics v. Tamil Nadu Electriicty Regulatory

2022-06-21Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.15639 of 2022 & W.M.P.No.14862 of 2022 M/s.Ariya Plastics, Plot No.J-1, (Northern Part), Sipcot Industrial Growth Centre, NH-47 road, Perundurai, Erode - 638052, Repd. By its Managing Partner A.P.Mahalingam ... Petitioner vs.

1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19~A, Rukmini Lakshmipathy Salai, (Marshall-s Road), Egmore, Chennai ? 600 008.

2. The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai ? 600 002.

3. Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai ? 600 002.

4. The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.

5. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.

6. The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore ..Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India for 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 4th respondent makes payment of the outstanding dues of Rs.13,84,649/- (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.

For Petitioner : Mr.Selvin Jeyakkumar For Respondents: Mr.Abul Kalam Standing Counsel

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. The petitioner has entered into an Energy Wheeling Agreement with the respondents. According to the petitioner, the respondents have not paid the outstanding dues under the said Energy Wheeling Agreement. According to the petitioner, the respondents are due and payable to them a sum of Rs.13,84,649/- for the year 2021-2022. Since the respondents have not paid the outstanding dues, the petitioner seeks for adjustment of the outstanding amount from and out of the current consumption charges that will have to be paid by the petitioner in future.

3. Similarly placed consumers as that of the petitioner had filed a batch of writ petitions and by order dated 28.10.2021 in W.P.No.6776/2018 batch, this Court directed the respondents to adjust the outstanding amount payable to the petitioners towards the current consumption charges/ open access charges payable by the respective petitioners in those writ petitions in the future. The petitioner seeks for similar direction from this Court.

4. The learned Standing Counsel appearing for the respondents has also not raised any serious objection, if similar direction is issued by this Court. Accordingly, this Writ Petition is disposed of by directing the respondents to adjust the outstanding amount due and payable to the petitioner under the Energy Wheeling Agreement towards the current consumption charges/open access charges payable by the petitioner in the future. As directed in the batch of writ petitions, the respondents shall also not take any coercive steps to disconnect the electricity connection of the petitioner until the outstanding amount due and payable is completely

adjusted towards the current consumption charges/ open access charges payable by the petitioner.

5. With the aforesaid direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nl 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 Limited, 144, Anna Salai, Chennai ? 600 002.

3. Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai ? 600 002.

4. The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.

5. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle,Palladam.

6. The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.

+1 cc to Mr. Selvin Jeyakkumar, Advocate Sr.NO. 37515 W.P.No.15639 of 2022 kv(CO) A.SK(29/06/2022)