Vedha Spinning Mills Pvt Ltd v. Tamil Nadu Power Distribution Corporation Ltd ( Tnpdcl)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.16321, 16326, 16332, 16348 of 2025 W.P.No.14444 of 2025, VEDHA SPINNING MILLS PVT LTD, SPINNING UNIT I, HT SC NO.059094500032, S.F NO. 1948,THADICOMBU, DINDIGUL WEST-624709, REPD ITS AUTHORISED SIGNATURE, M.VELUMANI ... Petitioner Vs REP. BY ITS CHAIRMAN, 1/9
REPRESENTED BY ITS SECRETARY.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second and third respondents to give the adjustment of the excessively collected banking charge of Rs.40,60,237/- (Period from 01.08.2012 to 31.03.2016) based on the working instructions issued by the first respondent dated 03.10.2017 in the matter of implementation of the order of the State Commission (TNERC) issued in RA No. 6 of 2013 dated 31.03.2016.
W.P.No.14447 of 2025, M/S.SRI MATHA SPINNING MILLS PVT LTD, HTSC NO.059094500216, LAKSHMANANPATTI, KALANAMPATTI POST, DINDIGUL-624 710, REPD ITS AUTHORISED SIGNATURE, M.VELUMANI ... Petitioner Vs REP. BY ITS CHAIRMAN, 2/9
REPRESENTED BY ITS SECRETARY.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second and third respondents to give the adjustment of the excessively collected banking charge of Rs.78,39,827/- (Period from 01.08.2012 to 31.03.2016) based on the working instructions issued by the first respondent dated 03.10.2017 in the matter of implementation of the order of the State Commission (TNERC) issued in RA No. 6 of 2013 dated 31.03.2016.
W.P.No.14452 of 2025, SRI LALITHAMBIGAI TEXTILES PRIVATE LIMITED, HTSC NO.059094500065, (FORMERLY KNOWN AS SIVARAJ SPINNING MILLS PVT LTD, REGD OFFICE 207, MANGALAM ROAD, KARUVAMPALAYAM, TIRUPPUR-641 604, REPRESENTED BY ITS AUTHORISED SIGNATURE, M.VELUMANI ... Petitioner Vs REP. BY ITS CHAIRMAN, 3/9
REPRESENTED BY ITS SECRETARY.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second and third respondents to give the adjustment of the excessively collected banking charge of Rs.57,72,671/- (Period from 01.08.2012 to 31.03.2016) based on the working instructions issued by the first respondent dated 03.10.2017 in the matter of implementation of the order of the State Commission (TNERC) issued in RA No. 6 of 2013 dated 31.03.2016.
W.P.No.14465 of 2025, SRI SHANMUGAVEL MILLS (P) LTD (SPINNING UNIT -1), HTSC NO.059094500236 (FORMERLY KNOWN AS VEDHA SPINNING MILLS (P)LTD, REGD OFFICE-207, MANGALAM ROAD, KARUVAMPALAYAM, TIRUPPUR-641 604, REPD BY ITS AUTHORISED SIGNATURE, M.VELUMANI ... Petitioner 4/9
Vs REP. BY ITS CHAIRMAN, REPRESENTED BY ITS SECRETARY.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second and third respondents to give the adjustment of the excessively collected banking charge of Rs.33,11,482/- (Period from 01.08.2012 to 31.03.2016) based on the working instructions issued by the first respondent dated 03.10.2017 in the matter of implementation of the order of the State Commission (TNERC) issued in RA No. 6 of 2013 dated 31.03.2016.
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In all W.Ps.
For Petitioner : Mr.S.P.Parthasarathy For R1 to R4 : Mr.D.R.Arunkumar (TNPDCL) COMMON ORDER The prayers in the Writ Petitions is to direct the respondent Nos.2 and 3 to give the adjustment of the excessively collected banking charge of Rs.40,60,237/-, Rs.78,39,827/-, Rs. 57,72,671/- and Rs.33,11,482/- (for the period from 01.08.2012 to 31.03.2016) respectively based on the working instructions issued by the first respondent, dated 03.10.2017.
2. Upon hearing the learned Counsel on either side and perusing the affidavits filed in support of the Writ Petitions and the material records of the case, the grievance of the petitioners is that earlier, the respondent organization charged banking charges at the rate of 94 ps per unit. The same was challenged and by the order of the APTEL, the same was set aside and it was directed that it can only be in kind and it was ordered that the excess amount collected to be refunded. Accordingly, the petitioners made representations for refunding the same. Even though workings were done, the final orders are not yet passed refunding the amounts. According to the 6/9
learned Counsel for the petitioners, an implementation circular is also issued on 03.10.2017.
3. The learned Counsel for the respondents would submit that they have to verify as to how much amount is due and whether it is already adjusted or not and that only after verifying, the final orders can be passed.
4. In view of the submissions made by the learned Counsel for the respondents, this Writ Petition is disposed of on the following terms:- (i) The second respondent shall take up the request of the petitioners for consideration;
(ii) A notice can also be issued to the petitioners; (iii) The second respondent shall decide the request in accordance with law by taking into consideration all the earlier orders and the amounts that are claimed by the petitioners etc., and pass orders thereon in accordance with law;
(iv) If any amount is found to be due, then, the same shall be refunded. If only part amount is accepted, then, the same shall be refunded and the reasons for not granting the balance amount shall be communicated to the petitioners;
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(v) The said exercise shall be carried out within a period of eight weeks from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order;
(vi) There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
23.04.2025 nsl To THE CHAIRMAN, THE SECRETARY, 8/9
D.BHARATHA CHAKRAVARTHY, J.
nsl 23.04.2025 9/9