M/S.Veejay Lakshmi Engineering Works Ltd v. Tamil Nadu Electricity Regulatory Commission
2024:MHC:2170
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 06.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.14661, 14671 and 14676 of 2024 & WMP.Nos.15929, 15933 and 15935 of 2024 M/s. Veejay Lakshmi Engineering Works Ltd., Sangalipalayam, NGTGO Colony (Po) Coimbatore - 641 022 Repd. by its Authorized Signatory R. Sargunam ... Petitioner in W.P.No.14661 of 2024 M/s. Veejay Sales and Services Ltd., Sengalipalayam, NGGO Colony (Po) Coimbatore - 641 022 repd. by its Authorized Signatory R. Sargunam ... Petitioner in W.P.No.14676 of 2024 M/s.Allwin Pipes 196/1 & 180/1-2b, Thottipalayam Road, Vijaayamangalam - 638 056 Repd. by its Partner Arun Palanisamy ... Petitioner in W.P.No.14671 of 2024 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukmini LakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
2. The Chairman, Tamil Nadu Generation and Distribution Chennai 600 002
3. Director Finance Tamil Nadu Generation and Distribution 1 / 6
Chennai 600 002.
... Respondents in all W.Ps
4. The Superintending Engineer Tirunelveli Metro Electricity Distribution Circle, Tirunelveli.
5. The Superintending Engineer Udumalpet Electricity Distribution Circle, Udumalpet.
6. The Superintending Engineer Coimbatore Electricity Distribution Circle/North, Coimbatore.
.... Respondents in W.P.No.14661 of 2024
4. The Superintending Engineer Erode Electricity Distribution Circle, Erode.
5. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
.... Respondents in W.P.No.14671 of 2024
4. The Superintending Engineer Udumalpet Electricity Distribution Circle, Udumalpet.
5. The Superintending Engineer Dindigul Electricity Distribution Circle, Dindigul.
6. The Superintending Engineer Coimbatore Electricity Distribution Circle/North, Coimbatore.
.... Respondents in W.P.No.14676 of 2024 2 / 6
PRAYER in W.P.No.14661 of 2024:
W rit Petition filed under Article 226 of the Constitution of India praying 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 HTSC No.039 094300212 and 039 094300517 until the respondents make payment of the outstanding dues of Rs.51,72,979/- (for the year 2022-2023) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
PRAYER in W.P.No.14671 of 2024:
W rit Petition filed under Article 226 of the Constitution of India praying 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 HTSC No.049094260513 until the respondents make payment of the outstanding dues of Rs.11,55,409/- (for the year 2022-2023) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. PRAYER in W.P.No.14676 of 2024:
W rit Petition filed under Article 226 of the Constitution of India praying 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 HTSC No.039 094300212 and 039 094300517 until the respondents make payment of the outstanding dues of Rs.47,71,920/- (for the year 2022-2023) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
In all W.Ps For Petitioner : Mr.M.Saravanakumar 3 / 6
For Respondents : Mr.I.Syed Subghatulla Standing Counsel (W.P.No.14671 of 2024) Mr.Surya Narayanan for Mr.L.Jai Venkatesh Standing Counsel (W.P.Nos.14661 and 14676 of 2024) C O M M O N O R D E R Ms.Sindhuza, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, learned Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of these matters, even at the stage of admission.
2. The prayer is for a mandamus forbearing the respondents, officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges or any further charges till the entirety of the outstanding dues of Rs.51,72,979/- (W.P.No.14661 of 2024), Rs.11,55,409/- (W.P.No.14671 of 2024) and Rs.47,71,920/- (W.P.No.14676 of 2024) is adjusted as against the consumption charges.
3. Ms.Sindhuza would acquiesce to the position that the amount of Rs.51,72,979/- (W.P.No.14661 of 2024), Rs.11,55,409/- (W.P.No.14671 of 2024) and Rs.47,71,920/- (W.P.No.14676 of 2024) as quantified by the petitioners are, indeed, arrears due to the petitioners.
4. Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding dues first as against the charges.
4 / 6
5. It is seen that similar orders have been passed in identical circumstances in Writ Petitions in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.
6. In light of the above, these Writ Petitions stand allowed. No costs. Connected Miscellaneous Petitions are closed. 06.06.2024 sl Index : Yes / No Speaking Order:Yes To
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukmini LakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
2. The Chairman, Tamil Nadu Generation and Distribution Chennai 600 002
3. Director Finance Tamil Nadu Generation and Distribution Chennai 600 002.
4. The Superintending Engineer Tirunelveli Metro Electricity Distribution Circle, Tirunelveli.
Dr.ANITA SUMANTH,J.
Sl
5. The Superintending Engineer 5 / 6
Udumalpet Electricity Distribution Circle, Udumalpet.
6. The Superintending Engineer Coimbatore Electricity Distribution Circle/North, Coimbatore.
7. The Superintending Engineer Erode Electricity Distribution Circle, Erode.
8. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
9. The Superintending Engineer Dindigul Electricity Distribution Circle, Dindigul.
W.P.Nos.14661, 14671 and 14676 of 2024 & WMP.Nos.15929, 15933 and 15935 of 2024 06.06.2024 6 / 6