Shakthi Murugan Textiles v. The Chairman, Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and connected Writ Miscellaneous Petitions Shakthi Murugan Textiles, HT SC No.230, Mathakadi Thottam, SF No.141/2, Pallapalayam P.O, Irugur (Via) Coimbatore - 641 103 rep. by its Authorised Signatory K.Gururajan.
... Petitioner in W.P.No.6493/16 VKSM Cotton Mills Ltd., HT SC No.229, 2/2, Pappampatti Post, Nadupalayam, Peedampalli Post, Coimbatore - 641 016 rep. by its Authorised Signatory K.Gururajan.
... Petitioner in W.P.No.6494/16 M/s.Sangeeth Textiles Pvt Ltd HTSC No.136, No.551, Ganesapuram Post, S.S.Kulam Coimbatore Rep. by its Authorised Signatory S.Loganathan
...Petitioner in W.P.No.6495/16
Sri Valliarasii Yarns (Pvt) Limited HTSC 440 No.781/2A, Gas Company Road, Idigarai North, Coimbatore - 641 022. Rep. by its Authorised Signatory K.Gururajan
...Petitioner in W.P.No.6496/16
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Vs.
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002 2.Chief Financial Controller/Revenue, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
4.Tamil Nadu Electricity Regulatory Commission, Through its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.
... Respondents in all the W.Ps Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorari, calling for the records of the 2nd respondent contained in impugned letter CFC/FC/DFC/AAO.HT/AS.3/REV/D.N.115/13 dated 29.07.2013 and quash the same as arbitrary, illegal and violative of the provisions of the Electricity Act, 2003 and the orders of the TNERC.
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For Petitioners in all WPs : Mr.R.S.Pandiyaraj For Respondents in all WPs : Ms.V.Revathy, for Mr.Abul Kalam Standing Counsel, TNEB C O M M O N O R D E R It is not in dispute that the controversy in the Writ Petitions is the subject matter of Writ Appeals in W.A.Nos.2539 & 2540 of 2018, which are said to be pending.
2. In the interregnum, pursuant to the interim arrangement arrived at by the Hon'ble Division Bench in its order dated 19.11.2018, W.P(MD)No.9253 to 9255 of 2014 etc., batch has been disposed of on 05.02.2020 with the following directions:- "5.In the interest of uniformity and consistency, the following directions are passed in the matter as well:- (i) The petitioners are directed to pay 50% of the deemed demand charges, if not paid so far and continue to pay the same till the disposal of the writ appeal. (ii) The petitioners are also liable to pay the balance deemed demand charges, if the writ appeal filed by the TANGEDCO is allowed.
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(iii) Needless to say that the petitioners are also entitled to get similar refund, if any, if the first respondents in the writ appeals succeed, subject to the orders / observations of the Division Bench.
(iv) It is open to the petitioners to take recourse to any suitable action in the manner known to law, in the interregnum."
3.The learned cousel appearing for the parties had not disputed the above factual position. Hence, these Writ Petitions are disposed of on the same lines. No costs. Consequently, connected writ miscellaneous petitions are closed.
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To1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
2.Chief Financial Controller/Revenue, TANGEDCO, 144, Anna Salai, Chennai - 600 002. 3.The Superintending Engineer, TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
4.Tamil Nadu Electricity Regulatory Commission, Through its Secretary, No.19A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.
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R.SUBRAMANIAN, J.
dsa and connected Writ Miscellaneous Petitions 01.07.2022 6/6