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Madras High CourtWP/20702/2024allowed

M/S. Sakthi Murugan Textiles v. The Chairman

2024-07-24Honourable Dr Justice Anita Sumanth6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.07.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.20702, 20704 and 20707 of 2024 & WMP.Nos.22647, 22650 and 22653 of 2024 M/s.Shakthi Murugan Textiles, HTSC No.039094350230, Mathakadai Thottam, S.F.No.141/2, Pallapalayam Post, Irugur Via Coimbatore - 641 103 Repd by its Partner P.R.Shanmugam ... Petitioner in W.P.No.20702 of 2024 M/s.Varunram Enterprises, No.2, Ramanuja Nagar, Uppilipalayam Post, Repd. by its Authorized Signatory N.Vasanth ... Petitioner in W.P.No.20704 of 2024 Sree Sandhya Spinning Mills, S.F.No.448, 451, Near LMW-III, Muthu Gounden Pudur Post, Coimbatore-641 406.

Repd. By its Partner K.R.Shanmugasundaram ... Petitioner in W.P.No.20707 of 2024 Vs

1. The Chairman, Chennai 600 002 1 / 6

2. Chief Engineer, Non-Conventional Energy Sources, Corporation Limited, 144, Anna Salai, Chennai - 600 002.

3. Director Generation, Chennai 600 002.

... Respondents in all W.Ps'

4. The Superintending Engineer TANGEDCO, Coimbatore Metro Electricity Distribution Circle, .... Respondent in W.P.Nos.20702 and 20707 of 2024

4. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

.... Respondent in W.P.No.20704 of 2024 PRAYER in W.P.No.20702 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.039094350230 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.029514180012 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.20704 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.039094340318 till 2 / 6

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.069534460032 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.20707 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.039094350336 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.079514620064 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.D.R.Arunkumar C O M M O N O R D E R Mr.D.R.Arunkumar, 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.20702 of 2024), Rs.15,00,000/- (W.P.No.20704 of 2024) and Rs.15,00,000/- (W.P.No.20707 of 2024) is adjusted as against the consumption charges. 3 / 6

3. Mr.Arunkumar would acquiesce to the position that the amount of Rs.10,00,000/- (W.P.No.20702 of 2024), Rs.15,00,000/- (W.P.No.20704 of 2024) and Rs.15,00,000/- (W.P.No.20707 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 4 / 6

To

1. The Chairman, Chennai 600 002

2. Chief Engineer, Non-Conventional Energy Sources, Corporation Limited, 144, Anna Salai, Chennai - 600 002.

3. Director Generation, Chennai 600 002.

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

5. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.

5 / 6

Dr.ANITA SUMANTH,J.

Sl W.P.Nos.20702, 20704 and 20707 of 2024 & WMP.Nos.22647, 22650 and 22653 of 2024 24.07.2024 6 / 6