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Madras High CourtWP/16781/2019disposed of

Sri Janarthana Spinning Mills v. Tamil Nadu Electricity

2019-06-19Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 19.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE DR.G.JAYACHANDRAN Writ Petition No.16781 of 2019 and W.M.P.No.16388 of 2019 Sri Janarthana Spinning Mills, 187,Kannarpalayam road, Karamadai, Coimbatore District - 641104

...Petitioner

Vs 1.Tamil Nadu Electricity Regulatory Commission, rep., 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 Chief Financial Controller, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

5.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Electricity Board, 6.The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Tamil Nadu Electricity Board, Coimbatore.

Respondents Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of a writ of mandamus directing the respondents and their men, agents not to collect current consumption charges, demand charges and any arrears from the

petitioner until the respondents make payment of the outstanding dues of Rs.6,26,158/-(Rupees Six Lakhs twenty six thousand one hundred and fifty eight only) payable to the petitioner along with interest thereon at 1% per month payable from the time such payments became due or to give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For petitioner : Mr.R.Parthasarathy For Respondents : Mr.S.K.Rameshwar

O R D E R

Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

2. It appears that for the wind energy generated by the writ petitioner sold to the first respondent, a sum of Rs.6,26,168/- is due to the writ petitioner, since July 2018. In this writ petition, the petitioner seeks mandamus directing the respondents to adjust the money payable to him towards the current consumption charges raised by the first respondent.

3. In the affidavit there is no detail about the current consumption charge raised by the respondent. In any event, it is suffice to direct that if any amount is payable to the petitioner herein that shall be adjusted to the future current consumption charges. Till the due to the petitioner discharged.

4. With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS iv) //True Copy// Sub Assistant Registrar rpl 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 Chief Financial Controller, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

5.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Electricity Board, 6.The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Tamil Nadu Electricity Board, Coimbatore.

+1cc to Mr. R.Parthasarathy, Advocate SR.No. 49900 +1cc to Mr. S.K.Rameshwar(Tneb), Advocate SR.No. 50943 Writ Petition No.16781 of 2019 and WMP.No.16388 of 2019 A.SK(26/07/2019)