Tirupur Vijyalakshmi Spinning Mills, v. Tamil Nadu Electricity Regulatory Commission
2024:MHC:2649
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 10.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.19073, 19077 and 19082 of 2024 & WMP.Nos.20928, 20931 and 20933 of 2024 Tirupur Vijayalakshmi Spinning Mills, HT SC No.049094360111 s.F.No.35, 36, Polavapalayam, Gobi (T.K.) Erode (D.T.), Nambiyur - 638 458 Tirupur rep. by its Authorized Signatory Rajesh Antony ... Petitioner in W.P.No.19073 of 2024 Samrakshna Property Services Pvt. Ltd., F.39, 1st Floor, Spencer Plaza, Phase 1, 769, Anna Salai, Chennai - 600 002.
rep. by its Authorized Signatory R.Prabakaran ... Petitioner in W.P.No.19077 of 2024 M/s. Karur Cotton Mills (P) Ltd., 20/1, Bharathi Nagar West, Valayapuri Nagar, Karur - 639 002 rep. by its Managing Director V.Sudhakar ... Petitioner in W.P.No.19082 of 2024 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukmini LakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008.
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2. The Chairman,
3. Director Finance ... Respondents in the above W.Ps
4. The Chief Financial Controller, Gobi Electricity Distribution Circle, Gobichettipalayam
6. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam..
.... Respondents in W.P.No.19073 of 2024
4. The Superintending Engineer Chennai Electricity Distribution Circle, Chennai.
.... Respondents in W.P.No.19077 of 2024
4. The Superintending Engineer Karur Electricity Distribution Circle, Karur.
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.... Respondents in W.P.No.19082 of 2024 PRAYER in W.P.No.19073 of 2024:
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 until the respondents make payment of the outstanding dues of Rs.16,70,575/- (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. PRAYER in W.P.No.19077 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's group captive consuderm M/s.Plaza Maintenance and Service Ltd. Is having HTSC No.019094022418 until the respondents make payment of the outstanding dues of Rs.22,72,935/- (for the year of 2021-2023) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner's group captive consuderm M/s.Plaza Maintenance and Service Ltd. Is having HTSC No.019094022418 till the entire amount is adjusted.
PRAYER in W.P.No.19082 of 2024:
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 until the respondents make payment of the outstanding dues of Rs.14,84,968/- (for the year of 2022-2024) 3 / 6
payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. In all W.Ps For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.Syed Sibghatullah (W.P.No.19073 of 2024) for Mr.L.Jai Venkatesh (W.P.Nos.19077 & 19082 of 2024) C O M M O N O R D E R Mr.Syed Sibghatullah, learned Counsel accepts notice for the respondents in W.P.No.19073 of 2024 and Mr.L.Jai Venkatesh, learned Counsel accepts notice for the respondents in W.P.Nos.19077 and 19082 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 of the outstanding dues of Rs.16,70,575/- (W.P.No.19073 of 2024), Rs.22,72,935/- (W.P.No.19077 of 2024) and Rs.14,84,968/- (W.P.No.19082 of 2024) are adjusted as against the consumption charges.
3. Mr.Syed and Mr.Jai Venkatesh would acquiesce to the position that the amount of Rs.16,70,575/- (W.P.No.19073 of 2024), Rs.22,72,935/- (W.P.No.19077 of 2024) and Rs.14,84,968/- (W.P.No.19082 of 2024) as quantified by the petitioners are, indeed, arrears due to the petitioners. 4 / 6
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. 10.07.2024 sl Index : Yes / No Speaking Order:Yes To
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 5 / 6
Dr.ANITA SUMANTH,J.
Sl
4. The Chief Financial Controller, Gobi Electricity Distribution Circle, Gobichettipalayam
6. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam..
7. The Superintending Engineer
8. The Superintending Engineer Chennai Electricity Distribution Circle, Chennai.
9. The Superintending Engineer Karur Electricity Distribution Circle, Karur.
10. The Superintending Engineer W.P.Nos.19073, 19077 and 19082 of 2024 & WMP.Nos.20928, 20931 and 20933 of 2024 10.07.2024 6 / 6