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Madras High CourtWP/15103/2018dismissed as infructuous

Sunrise Knitting Mills (P) Ltd v. Tamil Nadu Electricity

2019-03-08Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.15103 of 2018 Sunrise Knitting Mills (P) Ltd., HTSC No.142, S.F.No.131, 132, 137 Gobipalayam Road Alukkuli (Post) Gobichettipalayam 638 453 Erode District Rep. by its Authorised Signatory R. Palraj ...

Petitioner -vs1. Tamil Nadu Electricity Regulatory Commission rep. by its Secretary 19-A, Rukmini Lakshmipathy Salai (Marshalls 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 Superintendenting Engineer TANGEDCO Gobi Electricity Distribution Circle Gobichettipalayam.

(R4 amended as per order dt.18.7.18 in WMP.20999/18 in WP.15103/18)

5. The Superintendenting Engineer TANGEDCO Tuticorin Electricity Distribution Circle Tuticorin ...

Respondents Petition under Article 226 of the Constitution of India, praying for the issue 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 respondents make payment of the outstanding dues of Rs.1,22,26,647/- (for the period from August, 2017 to April, 2018) 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.R.S.Pandiyaraj For Respondents:: Mr.S.K.Raameshuwar Standing Counsel for R2 to 5 No appearance for R1

ORDER

This writ petition has been filed seeking issuance of a mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of the outstanding dues of Rs.1,22,26,647/- (for the period from August, 2017 to April, 2018) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

2. While considering a similar prayer, this Court had directed the respondents to either clear the outstanding dues or get it adjusted towards the petitioner's electricity charges and till such time, the respondents were directed not to disconnect the electricity service connection or demand any electricity charges. In compliance of the said order, the Superintendenting Engineer, Gobi Electricity Distribution Circle, in his letter dated 10.10.2018, has adjusted all the outstanding dues in favour of the petitioner, namely, Rs.1,22,26,647/- from the CC bills from June, 2018 to September, 2018. Therefore, the learned counsel for the petitioner submitted that nothing survives in the writ petition.

3. Since the entire outstanding dues payable by the respondent-TANGEDCO to the petitioner amounting to Rs.1,22,26,647/- were adjusted, this writ petition is dismissed as infructuous. Consequently, W.M.P.No.17863 of 2018 is also dismissed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

ss To

1. The Secretary Tamil Nadu Electricity Regulatory Commission 19-A, Rukmini Lakshmipathy Salai (Marshalls 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 Superintendenting Engineer TANGEDCO Gobi Electricity Distribution Circle Gobichettipalayam.

5. The Superintendenting Engineer TANGEDCO Tuticorin Electricity Distribution Circle Tuticorin +1cc to the Government Pleader Sr.23196 +1cc to Mr.R.S.Pandiyaraj, Advocate Sr.22421 W.P.No.15103 of 2018 rsi[co] srg 04/04/2019