M/S.Anangoor Textiles Mills (P) Ltd., v. Tamil Nadu Electricity Regulatory Commission
2024:MHC:2462
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.16944 and 16967 of 2024 & WMP.Nos.18659 and 18712 of 2024 M/s.Anangoor Textiles Mills (P) Ltd., S.F.No.5, Anangoor, Anangoor Post, Chinna Dharapuram, Dharapuram Taluk, Tirupur District.
Repd. by its Authorized Signatory R.Ganeshamoorthy ... Petitioner in W.P.No.16944 of 2024 CIBI Krishan Textiles (P) Ltd., Periyakulam Road, Lakshmipuram, Theni - 625 523 Repd. by its Manager R.V.Prem ... Petitioner in W.P.No.16967 of 2024 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukmini LakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman,
3. Director Finance 1 / 6
... Respondents in both W.Ps
4. The Superintending Engineer TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
5. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
.... Respondents in W.P.No.16944 of 2024
4. The Chief Financial Controller, Corporation Limited 144, Anna Salai,
5. The Superintending Engineer TANGEDCO, Theni Electricity Distribution Circle, Theni.
.... Respondents in W.P.No.16967 of 2024
6. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
.... Respondent in both W.P.'s PRAYER in W.P.No.16944 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 until the respondent makes payment of the outstanding dues of Rs.32,61,503/- (for the year of 2023-2024) 2 / 6
payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. PRAYER in W.P.No.16967 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.059094760055 until the respondent makes payment of the outstanding dues of Rs.4,00,601/- (for the year of 2023-2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. In both W.Ps For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.Enock Anand for Mr.L.Jai Venkatesh (W.P.No.16944 of 2024) Mr.S.Madhusudanan (W.P.No.
16967 of 2024) C O M M O N O R D E R Mr.Enock Anand, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, learned Counsel accepts notice for the respondents in W.P.No.16944 of 2024 and Mr.S.Madhusudanan, learned Counsel accepts notice for the respondents in W.P.No.16967 of 2024 and they are armed with instructions to enable final disposal of these matters, 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 3 / 6
of the outstanding dues of Rs.32,61,503/- (W.P.No.16944 of 2024) and Rs.4,00,601/- (W.P.No.16967 of 2024) is adjusted as against the consumption charges.
3. Mr.Enock Anand and Mr.Madhusudanan would acquiesce to the position that the amount of Rs.32,61,503/- (W.P.No.16944 of 2024) and Rs.4,00,601/- (W.P.No.16967 of 2024) as quantified by the petitioners are, indeed, arrears due to the petitioners.
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, these Writ Petitions stand allowed. No costs. Connected Miscellaneous Petitions are closed. 27.06.2024 sl Index : Yes / No Speaking Order:Yes To
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 4 / 6
19-A, Rukmini LakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman,
3. Director Finance
4. The Superintending Engineer TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
5. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
6. The Chief Financial Controller, Corporation Limited 144, Anna Salai,
7. The Superintending Engineer TANGEDCO, Theni Electricity Distribution Circle, Theni.
8. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
5 / 6
Dr.ANITA SUMANTH,J.
Sl W.P.Nos.16944 and 16967 of 2024 & WMP.Nos.18659 and 18712 of 2024 27.06.2024 6 / 6