M/S. Jaichander Wind Farms Pvt Ltd., v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and WMP.Nos.17762, 17763, 17769 & 17770 of 2023 W.P.No.18527 of 2023:
M/s.Jaichander Wind Farms Pvt. Ltd., Amarjothi House, No.157, Kumaran Road, Tirupur-641 601 Coimbatore District repd by its Authorized Signatory K.Selvakumar
...Petitioner
-Vs1. Tamil Nadu Electricity Regulatory Commission, Repd. 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.
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4. The Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin 5.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, GOBI
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus or any other Writ or Direction in the nature of a Writ, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the Group Captive consumer Amarjothi Spinning Mills Ltd HTSC No.49094360036 until the Respondent makes payment of the outstanding dues of Rs.68,148/- (for the Month of May 2022) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.
W.P.No.18529 of 2023:
Siddhanatha Textiles Pvt Ltd, HTSC No.049094260128 No.5, Brinda Street, Erode, Represented by its Managing Director S.Senthilkumar
...Petitioner
-Vs1. Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008.
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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 Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
5.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, GOBI
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus or any other Writ or Direction in the nature of a Writ, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the Respondent makes payment of the outstanding dues of Rs.39,31,135/- (for the year of 2017-2020) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.
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W.P.No.18531 of 2023:
M/s.Kanagathara Wind Farms Amarjothi House, No.157, Kumaran Road, Tirupur-641 601 Coimbatore District repd by its Authorised Signatory K.Selvakumar
...Petitioner
-Vs1.
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 Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin 5.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, GOBI.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus or any other Writ or Direction in the nature of a Writ, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the Group Captive consumer Amarjothi Spinning Mills Ltd HTSC.No.49094360036 until the Respondent makes payment of the outstanding dues of Rs.4,52,792/- (for the month of March to May 2020) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.
W.P.No.18533 of 2023:
M/s.Premchander Wind Farms Pvt Ltd., Amarjothi House, No.157, Kumaran Road, Tirupur-641 601 repd its Authorised Signatory K.Sundaramoorthi
...Petitioner
-Vs1.
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.
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4.
The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli 5.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, GOBI.
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus or any other Writ or Direction in the nature of a Writ, forbearing the Respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the Group Captive consumer Amarjothi Spinning Mills Ltd HTSC.No.49094360036 until the Respondent makes payment of the outstanding dues of Rs.8,24,120/- (for the year 2018-2019) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.
For Petitioners :
Mr.R.S.Pandiyaraj (in all W.Ps.) For Respondents :
Mr.Syed Sighbatulla (in all W.Ps.) COMMON ORDER Since the issue involved in all the Writ petitions are one and the same, they are disposed of by way of this common order.
2. When the matters are taken up for hearing today, the learned counsel for the petitioners fairly conceded that the issue involved in these Writ 6/10
petitions is already been decided by this Court in W.P.Nos.6776 of 2018, etc., batch of cases and the same order may be passed in these Writ petitions as well.
3. Heard learned counsel on either side and perused the materials available on record.
4. In view of the fair stand taken by the learned counsel for the parties, in an identical circumstances, the learned Single Judge of this Court in W.P.Nos.6776 of 2018, etc., batch of cases, by order dated 28.10.2021, in the case of M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission & 3 Ors., 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 and 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 7/10
current consumption charges / open access charges payable by the respective petitioners and (c) The TANGEDCO shall not take any 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."
5. Following the ratio laid down in the said decision, this Court disposed of the Writ Petitions in W.P.Nos.27559 and 27564 of 2021 by an order dated 22.12.2021. Hence, in the aforesaid terms, these Writ Petitions are also disposed of. No Costs. Consequently, connected Miscellaneous petitions are closed.
22.06.2023 NHS Index : Yes / No Speaking order : Yes / No Netrual Citation Case : Yes / No To
1. The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai - 600 008.
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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 Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli
5. The Superintending Engineer, TANGEDCO, Tuticorin Electricity Distribution Circle, Tuticorin
6. The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, GOBI 9/10
M.DHANDAPANI, J.
NHS and WMP.Nos.17762, 17763, 17769 & 17770 of 2023 22.06.2023 10/10