Sri Jayabalaji Spinners P Ltd., v. The Chairman
2024:MHC:2486
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.17349 of 2024 & WMP.No.19121 of 2024 Sri Jayabalaji Spinners P Ltd., 1/261, Batlagundu Road, Pithalaipatti Post, Dindigul-624 002.
Repd. by its Authorized Signatory M.Manikandan ... Petitioner Vs
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002
2. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer Cuddalore Electricity Distribution Circle, Cuddalore.
4. The Superintending Engineer Dindigul Electricity Distribution Circle, Dindigul.
.... Respondents 1 / 4
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's H.T.Sc.No.059094500213 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.029514180009 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.M.Saravanakumar For Respondents : Ms.Sindhuza for Mr.Venkata Seshaiya
O R D E R
Ms.Sindhuza, learned counsel appearing on behalf of Mr.Venkata Seshaiya, learned counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ Petition, 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.10,00,000/- is adjusted as against the consumption charges.
3. Ms.Sindhuza would acquiesce to the position that the amount of Rs.10,00,000/- as quantified by the petitioner is, indeed, arrears due to the petitioner.
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4. Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and 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, this Writ Petition is allowed. No costs. Connected Miscellaneous Petition is closed.
01.07.2024 sl Index : Yes / No Speaking Order:Yes To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002
2. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer Cuddalore Electricity Distribution Circle, Cuddalore.
3 / 4
Dr.ANITA SUMANTH,J.
Sl
4. The Superintending Engineer Dindigul Electricity Distribution Circle, Dindigul.
W.P.No.17349 of 2024 & WMP.No.19121 of 2024 01.07.2024 4 / 4