Vellingiri Andavar Textiles (P) Ltd., v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.20649, 20651, 20653 and 20658 of 2024 & WMP.Nos.22575, 22579, 22581 and 22584 of 2024 Vellingiri Andavar Textiles (P) Ltd., 2/1D, Avinashi Road, Chinniampalayam Coimbatore - 641 062 District repd by its Authorized Signatory S.Sangeethkumar ... Petitioner in W.P.No.20649 of 2024 C.N.V.Textiles (P) Limited, No.2/1A, Avinashi Road, Chinniampalayam, Coimbatore District repd by its Authorized Signatory S.Sangeethkumar ... Petitioner in W.P.No.20651 of 2024 Siva Subramania Textiles, (Plant-2) 2/1D, Avinashi Road, Chinniampalayam, Coimbatore-641 062 District repd by its Authorized Signatory S.Sangeethkumar ... Petitioner in W.P.No.20653 of 2024 HT ECO Energy Pvt Ltd., No.5, 5/1, Balaguru Garden, PKD Nagar, Avinashi Road, Coimbatore - 641 037.
Repd. by its Authorized Signatory K.Rajeshkannan ... Petitioner in W.P.No.20658 of 2024 1 / 6
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, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
... Respondents in all W.Ps'
4. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
.... Respondent in W.P.Nos.20649, 20651 and 20653 of 2024
4. The Superintending Engineer Tirunelveli Electricity Distribution Circle, Tirunelveli.
.... Respondent in W.P.No.20658 of 2024 Udumalpet Electricity Distribution Circle, Udumalpet.
.... Respondent in W.P.Nos.20649 and 20651 of 2024 Chengalpattu Electricity Distribution Circle, Chengalpattu.
2 / 6
.... Respondent in W.P.No.20658 of 2024 Coimbatore Metro Electricity Distribution Circle, Coimbatore.
.... Respondent in W.P.No.20653 of 2024
6. The Superintending Engineer Coimbatore Metro Electricity Distribution Circle, Coimbatore.
.... Respondent in W.P.Nos.20649 and 20651 of 2024 PRAYER in W.P.No.20649 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 makes payment of the outstanding dues of Rs.20,52,253/- (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.20651 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 makes payment of the outstanding dues of Rs.
9,20,006/- (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.
respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents makes payment of the outstanding dues of Rs.15,31,810/-(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.20658 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 group captive consumer M/s Azidus Laboratories Ltd is having HTSC No.099094111035 until the respondents makes payment of the outstanding dues of Rs.6,01,904/-(for the year of 2020-2021 and 2023-2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner's group captive consumer M/s Azidus Laboratories Ltd is having HTSC No.099094111035 till the entire amount is adjusted.
In all W.Ps For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.Enock Anand for Mr.L.Jai Venkatesh C O M M O N O R D E R Mr.Enock Anand, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, 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) 4 / 6
from collecting current consumption charges or any further charges till the entirety of the outstanding dues of Rs.20,52,253/- (W.P.No.20649 of 2024), Rs.9,20,006/- (W.P.No.20651 of 2024), Rs.15,31,810/- (W.P.No.20653 of 2024) and Rs.6,01,904/- (W.P.No.20658 of 2024) is adjusted as against the consumption charges.
3. Mr.Enock Anand would acquiesce to the position that the amount of Rs.20,52,253/- (W.P.No.20649 of 2024), Rs.9,20,006/- (W.P.No.20651 of 2024), Rs.15,31,810/- (W.P.No.20653 of 2024) and Rs.6,01,904/- (W.P.No.20658 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. 24.07.2024 sl Index : Yes / No Speaking Order:Yes/No 5 / 6
Dr.ANITA SUMANTH,J.
Sl 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, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
4. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
Tirunelveli Electricity Distribution Circle, Tirunelveli.
6. The Superintending Engineer Udumalpet Electricity Distribution Circle, Udumalpet.
7. The Superintending Engineer Chengalpattu Electricity Distribution Circle, Chengalpattu.
8. The Superintending Engineer Coimbatore Metro Electricity Distribution Circle, Coimbatore.
W.P.Nos.20649, 20651, 20653 and 20658 of 2024 & WMP.Nos.22575, 22579, 22581 and 22584 of 2024 24.07.2024 6 / 6