Madras High CourtWP/17046/2020disposed of

M/S.Natesan Synchrocones v. The Chairman

2023-03-28Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.21124 of 2020 M/s.Natesan Synchrocones Private Limited Rep. by its Director ... Petitioner Vs.

1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

3.The Chief Financial Controller, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

4.The Superintending Engineer Tirunelveli Electricity Distribution Circle, TANGEDCO, Tirunelveli.

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5.The Superintending Engineer, Theni Electricity Distribution Circle, Theni.

6.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

7.The Superintending Engineer, Chengalpet Electricity Distribution Circle, Chengalpet.

8.The Superintending Engineer, Chennai Electricity Distribution Circle - South II, K K Nagar, Chennai.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent and their men, agents not to collect current consumption charges, demand charges and any arrears from the petitioner until the respondent make payment of the outstanding dues of Rs.3,01,74,466/- (Rupees three crores one lakh seventy four thousand four hundred and sixty six 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.

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For Petitioner : Mr.Rahul Balaji For Respondents : Mr.L.Jaivenkatesh

O R D E R

When the matter was taken up for hearing, the learned counsel appearing for the petitioner fairly conceded that the issue has already been decided by the learned Single Judge of this Court in W.P.Nos.6776 of 2020 etc., batch on 28.10.2021. Therefore the same order may be passed in this petition as well. 2.In view of the fair stand taken by the learned counsel for the parties, the learned Single Judge of this Court in W.P.Nos.6776 of 2020 etc., batch (M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission) dated 28.10.2021, in identical circumstances 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 3/6

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 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."

3.In view of the above, nothing survives for adjudication in this matter. Accordingly, this writ petition is disposed of in the aforesaid terms. No costs. Consequently, the connected miscellaneous petition is closed.

28.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6

To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.