M/S.Siva Subramania Textiles v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.16298, 16299 and 16300 of 2023 M/s.Siva Subramania Textiles, Rep. by its Authorized Signatory, S.Sangeethkumar, 2/1. Avinashi Road, Chinniampalayam, Coimbatore - 641 062.
... Petitioner in W.P.No.17129 of 2023 M/s.C.N.V.Textiles Private Limited, Rep. by its Authorized Signatory, S.Sangeethkumar, 2/1. Avinashi Road, Chinniampalayam, Coimbatore - 641 062.
... Petitioner in W.P.No.17131 of 2023 M/s.Vellingiri Andavar Textiles Private Limited, Rep. by its Authorized Signatory, S.Sangeethkumar, 2/1. Avinashi Road, Chinniampalayam, Coimbatore - 641 062.
... Petitioner in W.P.No.17133 of 2023 Vs.
1. The Chairman, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
2. The Director - Finance, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Palladam EDC, Palladam.
4. The Superintending Engineer, TANGEDCO, Coimbatore Metro EDC, Coimbatore.
... Respondents in all W.P.s Prayer in W.P.No.17129 of 2023 : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents, from demanding and collecting the Consumption Charges, etc., payable by the petitioner on monthly basis until the respondents makes the outstanding dues of Rs.13,72,789/- payable to the petitioner or to give adjustment in HTSC No.039094350184, till the entire amount is adjusted. Prayer in W.P.No.17131 of 2023 : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents, from demanding and collecting the Consumption Charges, etc., payable by the petitioner on monthly basis until the respondents makes the outstanding dues of Rs.10,99,589/- payable to the petitioner or to give
adjustment in HTSC No.039094350137, till the entire amount is adjusted. Prayer in W.P.No.17133 of 2023 : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents, from demanding and collecting the Consumption Charges, etc., payable by the petitioner on monthly basis until the respondents makes the outstanding dues of Rs.11,31,056/- payable to the petitioner or to give adjustment in HTSC No.039094350167, till the entire amount is adjusted. For Petitioner in all W.P.s : Mr.G.Maniprabhu For Respondents in all W.P.s : Mr.L.Jai Venkatesh for TANGEDCO COMMON ORDER Since the issue involved in the present writ petitions are one and the same they are disposed of by way of this common order.
2. When the matter is taken up for hearing, learned counsel for the petitioners fairly conceded that, the issue in question has already been decided by this Court in W.P.No.6776 of 2018, etc., batch of cases and that, a similar order may be passed in the above Writ Petitions, as well.
3. In an identical circumstance, in W.P.No.6776 of 2018, etc., and batch vide order dated 28.10.2021, this Court has held as under: "11. In view of the above, all these Writ Petitions are disposed of with the following directions:- (a) In all those cases, where the TANGEDCO has acted upon the interim orders passed by this Court and the entire outstanding amounts due to be payable has been adjusted, those Writ Petitions will be rendered infructuous since the grievance of those petitioners stands redressed; (b) In those cases where the TANGEDCO is in the process of adjusting the outstanding amount due, such adjustment shall be continued till the entire outstanding amount is adjusted towards the current consumption charges/open access charges payable by the respective petitioners and (c) The TANGEDCO shall not take coercive steps to disconnect the electricity connection to the petitioners until the outstanding amounts due and payable is completely adjusted towards the current consumption charges/open access charges payable by the petitioners."
4. Following the ratio laid down in the said decision, this Court
disposed of the Writ Petition in W.P.No.5218 of 2020 by an order dated 18.11.2021. In fine, these Writ Petitions are also disposed of in the aforesaid terms. No costs. Consequently, connected Miscellaneous Petitions are closed.
09.06.2023 (1/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No (rap) To
1. The Chairman, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
2. The Director - Finance, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Palladam EDC, Palladam.
4. The Superintending Engineer, TANGEDCO, Coimbatore Metro EDC, Coimbatore.
M.DHANDAPANI,J.
(rap) and W.M.P.Nos.16298, 16299 and 16300 of 2023 09.06.2023 (1/2)