M/S. Muthur Murugan Mills Ltd., v. Tamil Nadu Electricity Regulatory Commission
N.SESHASAYEE, J.
The matter is listed today under the caption "for clarification" under the instance of the learned counsel for the petitioner.
2.This petition is disposed of vide order dated 02.08.2023. The learned counsel for the petitioner submitted that there is some material deviation in narrating the facts. While both sides agree to the end conclusion, the correction is sought only with regard to certain mistakes in narrating the material facts. 3.This Court spotted the mistake and has signed the order by oversight. Since the nature of facts to be stated is slightly different from the nature of the facts as this Court has earlier dictated, it may be necessary to replace the earlier order with the right order. To repeat, vis-a-vis the end conclusion, there is no dispute, but vis-a-vis the facts narration, there is an error. 4.This Court chooses to replace the earlier order with the new order bearing the same date since the nature of correction to be carried out runs to nearly 2 to 3 Paragraphs.
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5.Accordingly, Paragraph Nos.2 and 4 of the order of this Court dated 02.08.2023 will now read as follows:
"2.The petitioner is a captive generator, and it has sold the surplus energy which it has generated to the TANGEDCO. In this regard, the TANGEDCO owes the petitioner a sum of Rs.1,81,034/- for the month of October 2022. The necessary particulars of petitioner's claim are provided to the respondents and the same has been acknowledged by them, a copy of which is made available in the typed set of papers.
4.There is a claim and a counter claim by both sides. Inasmuch as the respondent / TANGEDCO has admitted the purchase of electricity from the petitioner and also a liability of Rs.1,81,034/-, it is only appropriate that the said sum is adjusted against any of its claim against the outstanding from its end to the petitioner. Till the accounts on both sides are entirely reconciled, the respondent / TANGEDCO is prohibited from taking any coercive steps to realize its dues from the petitioner."
6.Paragraph Nos.1, 3 and 5 remain unaltered.
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7.The Registry is required to host the order now presented in the official website and also required to issue a certified copy, if applied for free of charges. 09.11.2023 Anu Note: Issue order copy on 10.11.2023 3/8
N.SESHASAYEE, J.
Anu 09.11.2023 4/8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2023
CORAM
MR.JUSTICE N.SESHASAYEE M/s.Muthur Murugan Mills Ltd No.12, 7th Street, Tatabad Coimbatore 641 012 Represented by its Director S.S.Rajkumar ... Petitioner Vs.
1.Tamil Nadu Electricity Regulatory Commission repd. By its Secretary 19-A, Rukmini Lakshmipathy Salai (Marshal'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 5/8
4.The Superintending Engineer TANGEDCO Coimbatore Electricity Distribution Circle /North Coimbatore 5.The Superintending Engineer TANGEDCO Karur Electricity Distribution Circle KARUR ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of 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 entire outstanding dues of Rs.1,81,034/- (for the month October 2022) payable to the petitioner or to give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.L.Jaivenkatesh Standing Counsel for TNEB
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2.This petition is filed seeking refund of a security deposit of Rs.1,81,034/- which the respondent is duty bound to repay. The deposit was made for 6/8
establishing solar power plant and as per the norms once the solar power plant is commissioned, the respondent is obligated to refund the security deposit. 3.Mr.L.Jaivenkatesh, the learned standing counsel takes notice for the Tamil Nadu Electricity Board.
4.This Court understands that the respondent is also raising current consumption charges against the petitioner and this court now directs that the respondent is required to adjust its current consumption charges against the refundable deposit, which it is obligated to do. This arrangement will commence from September 2023.
5.This writ petition is accordingly disposed of. No Costs. Consequently, the connected miscellaneous petition is closed.
02.08.2023 kas Index : Yes / No 7/8
N.SESHASAYEE, J.
kas To.
1.Tamil Nadu Electricity Regulatory Commission repd. By its Secretary 19-A, Rukmini Lakshmipathy Salai (Marshal'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 TANGEDCO Coimbatore Electricity Distribution Circle /North, Coimbatore 5.The Superintending Engineer TANGEDCO Karur Electricity Distribution Circle, KARUR 02.08.2023 8/8