M/S.Vellingiri Andavar Textiles Private Limited v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.18307, 18311, 18312 and 18315 of 2023 M/s.Vellingiri Andavar Textiles Private Limited, Represented by its Authorized Signatory S.Sangeeth Kumar ... Petitioner in W.P.19063/2023 M/s.Siva Subramania Textiles, Represented by its Authorized Signatory S.Sangeeth Kumar ... Petitioner in W.P.19066/2023 M/s.C.N.V.Textiles Private Limited, Represented by its Authorized Signatory S.Sangeeth Kumar ... Petitioner in W.P.19067/2023 M/s.Siva Subramania Textiles, Represented by its Authorized Signatory S.Sangeeth Kumar ... Petitioner in W.P.19069/2023 Vs.
1.The Chairman, 144, Anna Salai, Chennai - 600 002.
2.The Director - Finance, 144, Anna Salai, Chennai - 600 002.
... Respondents in all the W.Ps.
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3.The Superintending Engineer Udumalpet EDC, Udumalpet.
... Respondent in W.Ps.19063, 19066, 19067/2023 3.The Superintending Engineer Palladam EDC, Palladam.
... Respondent in W.P.19069/2023 4.The Superintending Engineer, Coimbatore Metro EDC, Coimbatore.
... Respondent in all the W.Ps.
Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from demanding and collecting the consumption charges etc., payable by the petitioners on monthly basis until the respondents makes the outstanding dues of Rs.16,15,092/-, Rs.6,16,859/-, Rs.5,49,644/- and Rs.21,81,880/- respectively, payable to the petitioners or to give adjustment in HTSC Nos.039094350167, 039094350184, 039094350137 and 039094350345 respectively, till the entire amount is adjusted. For Petitioners : Mr.G.Maniprabhu For Respondents : Mr.L.Jaivenkatesh 2/6
C O M M O N O R D E R The petitioners have filed these writ petitions seeking issuance of Writ of Mandamus forbearing the respondents from demanding and collecting the consumption charges etc., payable by the petitioners on monthly basis until the respondents makes the outstanding dues of Rs.16,15,092/-, Rs.6,16,859/-, Rs.5,49,644/- and Rs.21,81,880/- respectively, payable to the petitioners or to give adjustment in HTSC Nos.039094350167, 039094350184, 039094350137 and 039094350345 respectively, till the entire amount is adjusted. 2.Since the issue involved in these writ petitions are one and the same, they are heard together and disposed of by way of a common order.
3.When the matter was taken up for hearing, the learned counsel appearing for the petitioners 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 these petitions as well. 3/6
4.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 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 4/6
due and payable is completely adjusted towards the current consumption charges/ open access charges payable by the petitioners."
5.In view of the above, nothing survives for adjudication in these matters. Accordingly, these writ petitions are disposed of in the aforesaid terms.
No costs.
Consequently, the connected miscellaneous petitions are closed.
27.06.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Chairman, 144, Anna Salai, Chennai - 600 002.
2.The Director - Finance, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer Udumalpet EDC, Udumalpet.
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M.DHANDAPANI,J.
pri 4.The Superintending Engineer Palladam EDC, Palladam.
5.The Superintending Engineer, Coimbatore Metro EDC, Coimbatore.
W.P.Nos.19063, 19066, 19067 and 19069 of 2023 And W.M.P.Nos.18307, 18311, 18312 and 18315 of 2023 27.06.2023 6/6