M/S. Aakavi Spinning Mills(P) Ltd, v. The Chairman
2024:MHC:2980
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.08.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP Nos.24044, 24045 and 22048 of 2024 M/s.Aakavi Spinning Mills (P) Ltd S.F.No.61/1, 2C, 3 Periyasemur, Pichankadu, B.P.Agraharam (PO), Erode - 638 005 Authorized Signatory R.Shankar ... Petitioner in W.P.No.22066 of 2024 M/s.Dhanalakshmi Synthetics P Ltd New door No.145 Park Road, Erode - 638 005 Authorized Signatory R.Shankar ... Petitioner in W.P.No.22067 of 2024 M/s.GVS Spinners Private Ltd S.F.No.201, SG Valasu, Veerappanchatram, Erode - 638 004 Authorized Signatory R.Shankar ... Petitioner in W.P.No.22070 of 2024 Vs 1 The Chairman, 2 Chief Engineer 1 / 6
Non Conventional Energy Sources, 3 Director - Generation, 4 The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.
Respondents in all W.Ps PRAYER in W.P.No.22066 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's HTSC No.049094260437 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514600179 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. PRAYER in W.P.No.
22067 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's HTSC No.049094260170 till the entire outstanding dues of Rs.
Power Plant HTSC No.059514600180 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. PRAYER in W.P.No.22070 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's for HTSC No.049094260273 till the entire outstanding dues of Rs.30,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514600181 is paid 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 : Mr.D.R.Arunkumar C O M M O N O R D E R Mr.D.R.Arunkumar, learned Counsel accepts notice for the respondents and 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.20,00,000/- (W.P.No.22066 of 2024), Rs.50,00,000/- 3 / 6
(W.P.No.22067 of 2024) and Rs.30,00,000/- (W.P.No.22070 of 2024) is adjusted as against the consumption charges.
3. Mr.Arunkumar would acquiesce to the position that the amount of Rs.20,00,000/- (W.P.No.22066 of 2024), Rs.50,00,000/- (W.P.No.22067 of 2024) and Rs.30,00,000/- (W.P.No.22070 of 2024) as quantified by the petitioners is, 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 Speaking Order:Yes To 1 The Chairman, 4 / 6
2 Chief Engineer Non Conventional Energy Sources, 3 Director - Generation, 4 The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.
5 / 6
DR.ANITA SUMANTH, J.
Sl and WMP Nos.24044, 24045 and 22048 of 2024 01.08.2024 6 / 6