M/S.Rathna Paper Trades v. Tamil Nadu Electricity Regulatory Commission
2024:MHC:2828
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.20847 of 2024 & WMP.No.22804 of 2024 M/s.Rathna Paper Trades No.152, Peters Road, Chennai Repd by its Director M.Kuppusamy ... Petitioner 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 Chennai 600 002.
4. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
5. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
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.... Respondents PRAYER : 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 group captive consumer M/s.Samba Publishing Co. Pvt Ltd HTSC.No.059094500183 until the respondent makes payment of the outstanding dues of Rs.9,31,495.00/- (for the year 2023-2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.Ali Hussan Khan For Respondents : Mr.S.Kalaiselvan for Mr.S.Madhusudanan
O R D E R
Mr.S.Kalaiselvan, learned counsel appearing on behalf of Mr.S.Madhusudanan, learned counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ Petition, 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.9,31,495/- is adjusted as against the consumption charges.
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3. Mr.Kalaiselvan would acquiesce to the position that the amount of Rs.9,31,495/- as quantified by the petitioner is, indeed, arrears due to the petitioner.
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, this Writ Petition is allowed. No costs. Connected Miscellaneous Petition is closed.
25.07.2024 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 / 4
Dr.ANITA SUMANTH,J.
Sl
3. Director Finance Chennai 600 002.
4. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
5. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
W.P.No.20847 of 2024 & WMP.No.22804 of 2024 25.07.2024 4 / 4