M/S.Pachaiyappas Silks Pvt Ltd v. The Chairman
2024:MHC:2659
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP Nos.21128, 21133, 21138 and 21142 of 2024 M/s.Pachaiyappas Silks Pvt. Ltd., 167, Gandhi Road, Kanchipuram - 631 501 rep. by its Authorized Signatory S.Kandavel ... Petitioner in W.P.No.19232 of 2024 Shree Vari Multiplast India (P) Ltd., S.F.101/3, Mandampalayam Pirivu, Kanjikovil Road, Perundurai - 638 052 rep. by its Authorized Signatory C.Kalaiyarasan ... Petitioner in W.P.Nos.19268 & 19276 of 2024 M/s.Agni Steels P Limited HTSC No.049094260050 S.F.No.562, Kavandanur Road, Ingur - 638 052 Perundurai TK Erode rep. by its Authorized Signatory S.Senthil ... Petitioner in W.P.No.19272 of 2024 Vs 1 The Chairman, 1 / 6
2 Chief Engineer Non Conventional Energy Sources, 3 Director - Generation, ... Respondents in all W.Ps 4 The Superintending Engineer, TANGEDCO, Tiruvannamalai Electricity Distribution Circle, Tiruvannamalai.
... Respondent in W.P.No.19232 of 2024 4 The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.
... Respondent in W.P.Nos.19268,19272 & 19276/2024 PRAYER in W.P.No.19232 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 petitioners HTSC No.029094140144 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.029474140012 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. 2 / 6
PRAYER in W.P.No.19268 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 HTSC No.049094260137 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.069514430046 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. PRAYER in W.P.No.
19272 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 CC bills for HTSC No.049094260050 till the entire outstanding dues of Rs.1,00,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.079534620105 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
PRAYER in W.P.No.19276 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 HTSC No.049094260137 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.059514500186 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. 3 / 6
In all W.Ps.
For Petitioner : Mr.M.Saravanakumar For Respondents : Ms.Daniel Mary Standing Counsel (W.P.No.19232 of 2024) Ms.A.Aarthi for Mr.Syed Sibghatulla Standing Counsel (W.P.Nos.19268, 19272 and 19276 of 2024) C O M M O N O R D E R Ms.Daniel Mary, learned Standing Counsel and Ms.A.Aarthi, learned counsel on behalf of Mr.Syed Sibghatulla, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, 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.20,00,000/- (W.P.No.19232 of 2024), Rs.10,00,000/- (W.P.No.19268 of 2024), Rs.1,00,00,000/- (W.P.No.19272 of 2024) and Rs.10,00,000/- (W.P.No.19276 of 2024) is adjusted as against the consumption charges.
3. Ms.Daniel Mary and Ms.A.Aarthi would acquiesce to the position that the amount of Rs.20,00,000/- (W.P.No.19232 of 2024), Rs.10,00,000/- (W.P.No.19268 of 2024), Rs.1,00,00,000/- (W.P.No.19272 of 2024) and 4 / 6
Rs.10,00,000/- (W.P.No.19276 of 2024) as quantified by the petitioners is, 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. 11.07.2024 sl Index : Yes / No Speaking Order:Yes DR.ANITA SUMANTH, J.
Sl To 1 The Chairman, 2 Chief Engineer Non Conventional Energy Sources, 5 / 6
3 Director - Generation, 4 The Superintending Engineer, TANGEDCO, Tiruvannamalai Electricity Distribution Circle, Tiruvannamalai.
5 The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.
and WMP Nos.21128, 21133, 21138 and 21142 of 2024 11.07.2024 6 / 6