M/S. L.S.Spinning Mills Rivate Limited, v. The Chairman
2024:MHC:2836
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.07.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.20870 of 2024 & WMP.No.22820 of 2024 M/s.L.S.Spinning Mills Private Limited #16, Cumbum Main Road, Muthuthevanpatti Theni - 625 534.
rep. by its Authorized Signatory V.Pandy (AGM - Electrical) ... Petitioner Vs
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
2. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
3. Director Generation, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, Theni Electricity Distribution Circle, Theni.
.... Respondents 1 / 4
PRAYER :
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.059094760048 till the entire outstanding dues of Rs.50,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's solar power plant HTSC No.059514520009 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.J.Aravind for Mr.D.R.Arun Kumar
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 this 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.50,00,000/- is adjusted as against the consumption charges.
3. Mr.Aravind would acquiesce to the position that the amount of Rs.50,00,000/- as quantified by the petitioner is, indeed, arrears due to the petitioner.
2 / 4
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 Petitions stand allowed. No costs. Connected Miscellaneous Petition is closed.
25.07.2024 sl Index : Yes / No Speaking Order:Yes To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
2. Chief Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
3. Director Generation, 144, Anna Salai, Chennai - 600 002.
3 / 4
Dr.ANITA SUMANTH,J.
Sl
4. The Superintending Engineer, Theni Electricity Distribution Circle, Theni.
W.P.Nos.20870 of 2024 & WMP.No.22820 of 2024 25.07.2024 4 / 4