M/S.Gaanapathy Textile v. The Chairman

2024:MHC:2979

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.08.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP Nos.23990, 23994 and 23998 of 2024 M/s.Gaanapathy Textile, S.F.No.386/1E, Otterpalayam Post, Annur - 641653 Coimbatore - 641653, Repd. By its Authorized Signatory A.Rajesh Kannan ... Petitioner in W.P.No.22009 of 2024 M/s.Sathy Textiles 1132-1, Alagiri Colony, Sathyamangalam - 638402 Erode Repd. By its Authorized Signatory A.Rajesh Kannan ... Petitioner in W.P.No.22012 of 2024 M/s.S.N.N.Tulasi Narayana Spinners Pvt Ltd 5/4, Sanampalayam, Annur-641653 Coimbatore Repd. By its Authorized Signatory A.Rajesh Kannan ... Petitioner in W.P.No.22018 of 2024 Vs 1 The Chairman, 1 / 6

Chennai - 600 002.

2 Chief Engineer Non Conventional Energy Sources, Chennai - 600 002.

3 Director Generation, Chennai - 600 002.

... Respondents in all W.Ps 4 The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.

... Respondent in W.P.No.22009 of 2024 4 The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobi.

... Respondent in W.P.No.22012 of 2024 4 The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.

... Respondent in W.P.No.22018 of 2024 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 HTSC No.039094300730 till the entire 2 / 6

outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.059514520030 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.22012 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.049094360171 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.

059514520031 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.22018 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 HTSC No.039094380704 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.059514520032 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 Standing Counsel C O M M O N O R D E R 3 / 6

Mr.D.R.Arunkumar, learned Standing 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.10,00,000/- (W.P.No.22009 of 2024), Rs.10,00,000/- (W.P.No.22012 of 2024) and Rs.30,00,000/- (W.P.No.22018 of 2024) is adjusted as against the consumption charges.

3. Mr.Arunkumar would acquiesce to the position that the amount of Rs.10,00,000/- (W.P.No.22009 of 2024), Rs.10,00,000/- (W.P.No.22012 of 2024) and Rs.30,00,000/- (W.P.No.22018 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.

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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, Chennai - 600 002.

2 Chief Engineer Non Conventional Energy Sources, Chennai - 600 002.

3 Director Generation, Chennai - 600 002.

5 / 6

DR.ANITA SUMANTH, J.

Sl 4 The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.

5 The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobi.

6 The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.

and WMP Nos.23990, 23994 and 23998 of 2024 01.08.2024 6 / 6