S.K.T. Textiles Mills, v. Tamil Nadu Electricity Regulatory Commission
2024:MHC:2977
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.08.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.22038, 22042 and 22050 of 2024 & WMP.Nos.24012, 24016 and 24028 of 2024 S.K.T.Textiles Mills., 182, Chettipalayam Road, Palladam, Tirupur - 641 664 repd. its Authorized Signatory V.Gopal ... Petitioner in W.P.No.22038 of 2024 M/s.Sri Padmavathy Yarns India P Ltd., S.F.No.394/2C, 395/3, Pappankulam, Gobi Main Road, Cheyur Post Avinashi Taluk, Tirupur Represented by its Authorized Signatory C.Selvakumar ... Petitioner in W.P.No.22042 of 2024 M/s.Mandothari Apparels Pvt Ltd No.67/2, Alankattupudur, S.Periyapalayam, Uthukuli Road, Tirupur. Repd., by its Represented by its Authorized Signatory C.Selvakumar ... Petitioner in W.P.No.22050 of 2024 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, 1 / 6
Chennai 600 002
3. Director Finance Chennai 600 002.
... Respondents in all W.Ps
4. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
5. The Superintending Engineer Tirunelveli Electricity Distribution Circle, Tirunelveli.
.... Respondents in W.P.No.22038 of 2024
4. The Superintending Engineer Tirupur Electricity Distribution Circle, Tirupur.
.... Respondent in W.P.No.22042 of 2024
4. The Superintending Engineer Coimbatore Electricity Distribution Circle, Coimbatore.
.... Respondent in W.P.No.22050 of 2024
5. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
.... Respondent in W.P.Nos.22042 and 22050 of 2024
6. The Superintending Engineer Tirunelveli Electricity Distribution Circle, Tirunelveli.
.... Respondents in W.P.No.22050 of 2024 PRAYER in W.P.No.22038 of 2024:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 2 / 6
respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents makes payment of the outstanding dues of Rs.40,23,915/- (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.22042 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 HTSC No.039094380047 until the respondents makes payment of the outstanding dues of Rs.4,51,429/- (for the year of 2016-2017 and 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.22050 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 Group captive consumer Ms/Forza Castings Pvt Ltd HTSC No.039094320656 until the respondents makes payment of the outstanding dues of Rs.3,53,768/- (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. In all W.Ps For Petitioner : Mr.M.Saravanakumar For Respondents : Ms.Sindhuza for Mr.L.Jai Venkatesh Standing Counsel C O M M O N O R D E R Ms.Sindhuza, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with 3 / 6
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.40,23,915/- (W.P.No.22038 of 2024), Rs.4,51,429/- (W.P.No.22042 of 2024) and Rs.3,53,768/- (W.P.No.22050 of 2024) is adjusted as against the consumption charges.
3. Ms.Sindhuza would acquiesce to the position that the amount of Rs.40,23,915/- (W.P.No.22038 of 2024), Rs.4,51,429/- (W.P.No.22042 of 2024) and Rs.3,53,768/- (W.P.No.22050 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. 01.08.2024 sl Index : Yes / No 4 / 6
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. Director Finance Chennai 600 002.
4. The Superintending Engineer Palladam Electricity Distribution Circle, Palladam.
5. The Superintending Engineer Tirunelveli Electricity Distribution Circle, Tirunelveli.
6. The Superintending Engineer Tirupur Electricity Distribution Circle, Tirupur.
5 / 6
Dr.ANITA SUMANTH,J.
Sl
7. The Superintending Engineer Coimbatore Electricity Distribution Circle, Coimbatore.
W.P.Nos.22038, 22042 and 22050 of 2024 & WMP.Nos.24012, 24016 and 24028 of 2024 01.08.2024 6 / 6