Sri Navamani Textiles P Ltd., v. The Chairman
2024:MHC:2766
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.Nos.21953, 21956 & 21962 of 2024 W.P.No.20058 of 2024 Sri Navamani Textiles P Ltd., 366, Avarampalayam Road, Siddhapudur, Coimbatore - 641 044 Repd by its Authorized Signatory N.Vasanth .. Petitioner Corporation Limited, 144, Anna Salai, Non-Conventional Energy Sources, Corporation Limited, 144, Anna Salai, 3.The Director Generation, Corporation Limited, 144, Anna Salai, 4.The Superintending Engineer 1/8
Palladam Electricity Distribution Circle, Palladam.
.. Respondents Prayer in W.P.No.20058 of 2024:
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's HTSC No. 039094390260 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.069534460031 is paid or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.
W.P.No.20062 of 2024 M/s.Jai Sakthi Mills, S.F.No.382/1A, Senjerimalai to Pollachi Main Road, Desanaickenpalayam (PO), Jakkarpalayam Via, Sular Tk, Coimbatore - 642 202 repd. Authorised Signatory M.Prabhu .. Petitioner Corporation, 144, Anna Salai, 2/8
Non-conventional Energy Sources, Corporation, 144, Anna Salai 3.The Director Generation, TANGEDCO, 144, Anna Salai, 4.The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.
.. Respondents Prayer in W.P.No.20062 of 2024:
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's HTSC No. 039094320650, till the entire outstanding dues of Rs.40,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No. 04953437044 is paid or given adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.
W.P.No.20065 of 2024 M/s.Auto Diecasting Company, S.F.No.440, Athipalayam Road, Ganapathy Post, Coimbatore - 641 006 Repd by its Authorised Signatory N.Vasanth .. Petitioner 3/8
Corporation, 144, Anna Salai, Non-conventional Energy Sources, Corporation, 144, Anna Salai 3.Director Generation, Corporation, 144, Anna Salai 4.The Superintending Engineer, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
.. Respondents Prayer in W.P.No.20065 of 2024:
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's HTSC No.039094350270 till the entire outstanding dues of Rs.15,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.069534460029 is paid or given adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted.
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For Petitioners :
Mr.S.P.Parthasarathy (in all writ petitions) For Respondents :
Mr.J.Aravind for Mr.DR.Arunkumar (in all writ petitions) COMMON ORDER Mr.J.Aravind, learned counsel appearing on behalf of Mr.D.R.Arunkumar, learned counsel accepts notice for the respondents in all writ petitions and is armed with instructions to enable final disposal of these Writ Petitions, 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.10,00,000/- (W.P.No.20058 of 2024), Rs.40,00,000/- (W.P.No.20062 of 2024) and Rs.15,00,000/- (W.P.No.20065 of 2024) are adjusted as against the consumption charges.
3. Mr.Aravind would acquiesce to the position that the amounts of Rs.10,00,000/- (W.P.No.20058 of 2024), Rs.40,00,000/- (W.P.No.20062 of 2024) and Rs.15,00,000/- (W.P.No.20065 of 2024) as quantified by the petitioners are, indeed, arrears due to the petitioners. 5/8
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 are allowed. No costs. Connected Miscellaneous Petitions are closed. 18.07.2024 Index:Yes/No Speaking Order To Corporation Limited, 144, Anna Salai, Non-Conventional Energy Sources, Corporation Limited, 144, Anna Salai, 3.The Director Generation, 6/8
Corporation Limited, 144, Anna Salai, 4.The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
5.The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.
6.The Superintending Engineer, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
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DR. ANITA SUMANTH,J.
W.P.Nos.20058, 20062 & 20065 of 2024 and W.M.P.Nos.21953, 21956 & 21962 of 2024 18.07.2024 8/8