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Madras High CourtWP/20808/2024allowed

Majestic Exports v. The Chairman

2024-07-25Honourable Dr Justice Anita Sumanth6 pages

2024:MHC:2834

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.07.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.22760, 22766 and 22771 of 2024 Majestic Exports, No.9 & 10, Malligai Nagar, College Road, Tirupur - 641 602 rep. by its Authorized Signatory N.Vasanth ... Petitioner in W.P.No.20808 of 2024 M/s Sri Shanmuga Polymers (P) Ltd., No.AA1/2, Sipcot Industrial Complex, Trichy Road, Pudukottai By its Authorised signatory N.Vasanth ... Petitioner in W.P.No.20812 of 2024 Om Shri Vari Stones Pvt. Ltd., 24/2, Raja Street Extension, Mandaveli, Chennai - 600 028 repd. its Authorised Signatory N.Vasanth ... Petitioner in W.P.No.20815 of 2024 Vs

1. The Chairman,

2. Chief Engineer, Non-Conventional Energy Sources, 1 / 6

3. Director Generation, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

.... Respondents in the above W.Ps.

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

.... Respondent in W.P.No.20808 of 2024

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

.... Respondent in W.P.No.20812 of 2024

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

.... Respondent in W.P.No.20815 of 2024 PRAYER in W.P.No.20808 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.039094380637 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.069534460049 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.20812 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.069094460109 till the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with 2 / 6

interest towards refundable security deposit in the account of the petitioner's solar power plant HTSC No.069534460047 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.20815 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.099094111665 till the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's solar power plant HTSC No.069534460048 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 he 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.20808 of 2024), 3 / 6

Rs.30,00,000/- (W.P.No.20812 of 2024) and Rs.30,00,000/- (W.P.No.20815 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.20808 of 2024), Rs.30,00,000/- (W.P.No.20812 of 2024) and Rs.30,00,000/- (W.P.No.20815 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. 25.07.2024 sl Index : Yes / No Speaking Order:Yes To

1. The Chairman, 4 / 6

2. Chief Engineer, Non-Conventional Energy Sources,

3. Director Generation, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

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

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

6. The Superintending Engineer, TANGEDCO, Chengalpattu Electricity Distribution Circle, Chengalpattu.

5 / 6

Dr.ANITA SUMANTH,J.

Sl & WMP.Nos.22760, 22766 and 22771 of 2024 25.07.2024 6 / 6