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Madras High CourtWP/20080/2024allowed

Sahuwala Flour Mills v. The Chairman

2024-07-19Honourable Dr Justice Anita Sumanth6 pages

2024:MHC:2772

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.07.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.20080, 20083 and 20086 of 2024 & WMP.Nos.21972, 21974 and 21978 of 2024 Sahuwala Flour Mills, 173-B, Sivasakthi Colony, Ganapathy, Coimbatore - 641 006 Repd. by its Partner Rishab Guptha ... Petitioner in W.P.Nos.20080 and 20086 of 2024 M/s.Sridev Southern Synergy Pvt Ltd 27/9 A, Thiru Nagar, Singanallur, Coimbatore -641005 Repd by its Authorised Signatory N.Vasanth ... Petitioner in W.P.No.20083 of 2024 Vs

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002

2. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai

3. Director Generation, Tamil Nadu Generation and Distribution Corporation Limited, 1 / 6

144, Anna Salai, ... Respondents in all W.Ps'

4. The Superintending Engineer TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.

.... Respondent in W.P.Nos.20080 and 20086 of 2024

4. The Superintending Engineer TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.

.... Respondent in W.P.No.20083 of 2024 PRAYER in W.P.No.20080 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's HTSC No.039094300521 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.079514700467 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.20083 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's HTSC No.039094350417 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.069534460026 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.20086 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's HTSC No.039094300521 till the entire outstanding dues of Rs.50,00,000/- payable to the petitioner towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.029534160005 is paid 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.M.Saravanakumar For Respondents : Mr.J.Aravind for Mr.D.R.Arun Kumar C O M M O N O R D E R Mr.J.Aravind, learned counsel appearing on behalf of Mr.D.R.Arun Kumar, learned Counsel accepts notice for the respondents and is 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.10,00,000/- (W.P.No.20080 of 2024), Rs.20,00,000/- (W.P.No.20083 of 2024) and Rs.50,00,000/- (W.P.No.20086 of 2024) is adjusted as against the consumption charges.

3. Mr.Aravind would acquiesce to the position that the amount of Rs.10,00,000/- (W.P.No.20080 of 2024), Rs.20,00,000/- (W.P.No.20083 of 2024) 3 / 6

and Rs.50,00,000/- (W.P.No.20086 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. 19.07.2024 sl Index : Yes / No Speaking Order:Yes To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002

2. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai

3. Director Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, 4 / 6

4. The Superintending Engineer TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.

5. The Superintending Engineer TANGEDCO, Coimbatore Metro Electricity Distribution Circle, Coimbatore.

5 / 6

Dr.ANITA SUMANTH,J.

Sl W.P.Nos.20080, 20083 and 20086 of 2024 & WMP.Nos.21972, 21974 and 21978 of 2024 19.07.2024 6 / 6