Sri Amman Sizing And Weaving Mills v. The Chairman
2024:MHC:2273
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP Nos.16684 and 16688 of 2024 M/s.Sri Amman Sizing and Weaving Mills, 49/3, 49/6, Ram Nagar, Othimlai Road, Sellanur, Annur, Coimbatore - 641 653 rep. by its Authorized Signatory A.Rajesh Kannan ... Petitioner in both Writ Petitions Vs 1 The Chairman, Tamil Nadu Generation and Distribution 2 Chief Engineer Non Conventional Energy Sources, Tamil Nadu Generation and Distribution 3 Director - Generation, Tamil Nadu Generation and Distribution 1 / 6
4 The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
Respondents in both W.Ps PRAYER in W.P.No.15361 of 2024: Writ 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 HTSC No.039094380548 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.079534620125 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.
15363 of 2024: Writ 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 Group captive Consumer M/s.Sri Amman Sizing and Weaving Mills CC bills for HTSC No.039094380548 till the entire outstanding dues of Rs.1,00,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514520018 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
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In both W.Ps.
For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.Enock Anand for Mr.L.Jai Venkatesh Standing Counsel C O M M O N O R D E R Mr.Enock Anand, learned counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, 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.20,00,000- (W.P.No.15361 of 2024) and Rs.1,00,00,000/- (W.P.No.15363 of 2024) is adjusted as against the consumption charges.
3. Mr.Anandwould acquiesce to the position that the amount of Rs.20,00,000- (W.P.No.15361 of 2024) and Rs.1,00,00,000/- (W.P.No.15363 of 2024) as quantified by the petitioner is, indeed, arrears due to the petitioner.
4. Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and 3 / 6
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. 14.06.2024 sl Index : Yes / No Speaking Order:Yes/No To 1 The Chairman, Tamil Nadu Generation and Distribution 2 Chief Engineer Non Conventional Energy Sources, Tamil Nadu Generation and Distribution 3 Director - Generation, Tamil Nadu Generation and Distribution 4 / 6
4 The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
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DR.ANITA SUMANTH, J.
Sl and WMP Nos.16684 and 16688 of 2024 14.06.2024 6 / 6