M/S.Kpg Cottspinn India Pvt Ltd v. The Chairman
2024:MHC:2215
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH & WMP.Nos.16386, 16387 & 16391 of 2024 M/s.KPG Cottspinn India Pvt Ltd., S.F.No.369/1A3, Somanur Village, Kumaran Nagar, Sedapalayam, Somanur, Coimbatore. Repd. By its Authorized Signatory P.Senthil Kumar ... Petitioner in W.P.No.15072 of 2024 Santha Spinning Mills Pvt Ltd., 119C, Selvapuram Colony, Somanur, Coimbatore - 641 668.
Repd. by its Authorized Signatory P.Senthilkumar ... Petitioner in W.P.No.15077 of 2024 M/s.Auto Diecasting Company, S.F.No.440, Athipalayam Road, Ganapathy Post, Coimbatore - 641 006 Repd. by its Partner V.Hariprasad ... Petitioner in W.P.No.15081 of 2024 Vs 1/6
1.The Chairman, Tamil Nadu Generation and Distribution Corporation, 144, Anna Salai, 2.Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation, 144, Anna Salai, ... Respondents in all W.P.'s 3.Director Generation, TANGEDCO, 144, Anna Salai, ... Respondent in W.P.Nos.15072 & 15077 of 2024 4.The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
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... Respondent in W.P.No.15072 of 2024 4.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
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... Respondent in W.P.No.15077 of 2024 3.The Superintending Engineer, TANGEDCO, NCES, Udumalpet Electricity Distribution Circle, Udumalpet.
4.The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
... Respondents in W.P.No.15081 of 2024 2/6
Prayer in W.P.No.15072 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094320469 till the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.049534370050 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. Prayer in W.P.No.
15077 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's CC bills for HTSC No.039094390369 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.049534370049 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
Prayer in W.P.No.15077 of 2024: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094350270 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC 3/6
No.039094320006 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. In all W.P.'s For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.L.Jai Venkatesh Standing Counsel C O M M O N O R D E R Mr.L.Jai Venkatesh, learned Standing 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.30,00,000/- (W.P.No.15072 of 2024), Rs.20,00,000/- (W.P.No.15077 of 2024) and Rs.10,00,000/- (W.P.No.15081 of 2024) is adjusted as against the consumption charges.
3. Mr.Jai Venkatesh would acquiesce to the position that the amount of Rs.30,00,000/- (W.P.No.15072 of 2024), Rs.20,00,000/- (W.P.No.15077 of 2024) and Rs.10,00,000/- (W.P.No.15081 of 2024) as quantified by the petitioners are, indeed, arrears due to the petitioners. 4/6
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.
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. 10.06.2024 Sl Index:Yes/No Speaking order:Yes To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation, 144, Anna Salai, 2.Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation, 144, Anna Salai, 5/6
Dr.ANITA SUMANTH,J.
sl 3.Director Generation, TANGEDCO, 144, Anna Salai, 4.The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.
5.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
6.The Superintending Engineer, TANGEDCO, NCES, Udumalpet Electricity Distribution Circle, Udumalpet.
7.The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
& WMP.Nos.16386, 16387 & 16391 of 2024 10.06.2024 6/6