Shiva Mills Limited, v. Tamil Nadu Electricity Regulatory Commission
2024:MHC:2727
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.20066 and 20068 of 2024 & WMP.Nos.21949 and 21964 of 2024 Shiva Mills Limited, HTSC No.05909450084, No.249-A, Bye Pass Road, Mettupalayam Road, Coimbatore - 641 043 Represented by its Chief Executive Officer M.Shanmugam ... Petitioner in W.P.No.20066 of 2024 M.T.A. Mills (P) Limited.
10/32-C, Paarai Thootam, Kannampalayam (P.O.), Sulur (Via), Coimbatore - 641 402 Repd. By its Director-Madalai Muthu Jayakumar ... Petitioner in W.P.No.20068 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, Chennai 600 002
3. Director Finance 1 / 6
Chennai 600 002.
... Respondents in both W.Ps
4. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
5. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
.... Respondents in W.P.No.20066 of 2024
4. The Superintending Engineer TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
.... Respondents in W.P.No.20068 of 2024 PRAYER in W.P.No.20066 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.059094500084 until the respondent makes payment of the outstanding dues of Rs.38,37,737/- (for the year 2023 to 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.20068 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, 2 / 6
demand charges and any arrears from the petitioner H.T.Sc.No.039094350166 until the respondents makes payment of the outstanding dues of Rs.3,42,652/- (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 in W.P.No.20066 of 2024 : Mr.S.Madhusudanan in W.P.No.20068 of 2024 : Mr.L.Jai Venkatesh C O M M O N O R D E R Mr.S.Madhusudanan, learned Standing Counsel accepts notice for the respondents in W.P.No.20066 of 2024 and Mr.L.Jai Venkatesh, learned Counsel accepts notice for the respondents in W.P.No.20068 of 2024. 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.38,37,737/- (W.P.No.20066 of 2024) and Rs.3,42,652/- (W.P.No.20068 of 2024) is adjusted as against the consumption charges.
3. Mr.Madhusudanan and Mr.Jai Venkatesh would acquiesce to the position that the amount of Rs.38,37,737/- (W.P.No.20066 of 2024) and 3 / 6
Rs.3,42,652/- (W.P.No.20068 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. 18.07.2024 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, Chennai 600 002
3. Director Finance 4 / 6
Chennai 600 002.
4. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
5. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
6. The Superintending Engineer TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.
7. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
5 / 6
Dr.ANITA SUMANTH,J.
Sl W.P.Nos.20066 and 20068 of 2024 & WMP.Nos.21949 and 21964 of 2024 18.07.2024 6 / 6