M/S. Vishakavel Textile Mills Pvt. Ltd v. Tamil Nadu Electricity Regulatory Commission
2024:MHC:2827
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.20872, 20875, 20879 and 20880 of 2024 & WMP.Nos.22822, 22825, 22827 and 22829 of 2024 M/s.Vishakavel Textile Mills Pvt. Ltd., S.F.No.102/1-C, Arasur, Avinashi Road, Behind LCES, Coimbatore District repd by its Authorized Signatory Pradeep Senthil ... Petitioner in W.P.No.20872 of 2024 M/s Fabfit Apparels (India) Pvt Ltd, S.F.No.56/1, Karaipudur, Chinnakkkarai, Veerapandi Post, Tirupur - 641605 By its Authorised signatory V.Senthil Kumar ... Petitioner in W.P.No.20875 of 2024 Sri Selvam Textiles., No.8/1, Ramar Kovil Street, R.G.Pudur, Chinniampalayam, Coimbatore - 641062 repd. its Authorised Signatory S.Mohan Kumar ... Petitioner in W.P.No.20879 of 2024 M/s M.S.S. Mills S.F.No.476 Avainashilingapalayam Palangarai Post, -641654, Avinashi Taluk, Irupur North by its Authorised Signatory M.Shamugasundram ... Petitioner in W.P.No.20880 of 2024 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, Rukmini LakshmipathySalai, (Marshall's Road) 1 / 6
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.
5. The Superintending Engineer Coimbatore South Electricity Distribution Circle, Coimbatore.
.... Respondents in W.P.No.20872 of 2024
4. The Superintending Engineer Tirupur Electricity Distribution Circle, Tirupur.
.... Respondent in W.P.Nos.20875 and 20880 of 2024
4. The Superintending Engineer Coimbatore Metro Electricity Distribution Circle, Coimbatore.
.... Respondent in W.P.No.20879 of 2024
5. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
.... Respondent in W.P.No.20875, 20879 and 20880 of 2024 PRAYER in W.P.No.20872 of 2024:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 2 / 6
respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondent makes payment of the outstanding dues of Rs.6,34,321/- (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. PRAYER in W.P.No.20875 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 until the respondent makes payment of the outstanding dues of Rs.6,45,968/- (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.20879 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 H.T.Sc.No.039094350240 until the respondent makes payment of the outstanding dues of Rs.4,53,351/- (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.20880 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 until the respondent makes payment of the outstanding dues of Rs.5,03,198/- (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. 3 / 6
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 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.6,34,321/- (W.P.No.20872 of 2024), Rs.6,45,968/- (W.P.No.20875 of 2024), Rs.4,53,351/- (W.P.No.20879 of 2024) and Rs.5,03,198/- (W.P.No.20880 of 2024) is adjusted as against the consumption charges.
3. Mr.Enock Anand would acquiesce to the position that the amount of Rs.6,34,321/- (W.P.No.20872 of 2024), Rs.6,45,968/- (W.P.No.20875 of 2024), Rs.4,53,351/- (W.P.No.20879 of 2024) and Rs.5,03,198/- (W.P.No.20880 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 4 / 6
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. 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.
5 / 6
Dr.ANITA SUMANTH,J.
Sl
5. The Superintending Engineer Coimbatore South Electricity Distribution Circle, Coimbatore.
6. The Superintending Engineer Tirupur Electricity Distribution Circle, Tirupur.
7. The Superintending Engineer Coimbatore Metro Electricity Distribution Circle, Coimbatore.
W.P.Nos.20872, 20875, 20879 and 20880 of 2024 & WMP.Nos.22822, 22825, 22827 and 22829 of 2024 25.07.2024 6 / 6