M/S.Shifa Chemicals, v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.25877, 25878, 27598, 27600, 27602, 27603, 27636, 27641, 27643, 27645, 28765, 28767, 28768, 28769, 28771, 29044, 29046, 29047, 29051, 29061, 29062, 29063, 29065, 30228, 30255, 30514 & 30531 of 2022 and W.M.P.Nos.24956, 24957, 26859, 26860, 26862, 26863, 26911, 26913, 26914, 26916, 28055, 28056, 28058, 28057, 28059, 28332, 28336, 28335, 28338, 28346, 28347, 28348, 28349, 29663, 29687, 29943 & 29958 of 2022 W.P.No.25877 of 2022 M/s.Shifa Chemicals, No.24/O, C.N.Annadurai Road, Sivakasi, Repd by its Proprietor, M S Noor Mohamed ... Petitioner Vs.
1.Tamil Nadu Electricity Regulatory Commission, repd. by its Secretary, 19-A, Rukmini Lakshmipathi Salai, (Marshall's Road), Egmore, Chennai - 600 008.
2.The Chairman, Page No.1/6
Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3.Director Finance, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4.The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
... Respondents Prayer: 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 respondent makes payment of the outstanding dues of Rs.25,51,631/- (for the year of 2021 - 22) payable to the petitioner or 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.Jai Venkatesh Standing Counsel ***** Page No.2/6
COMMON ORDER When these matters are taken up for hearing, the learned counsel for the petitioners fairly conceded that the issue arises in these writ petitions have already been decided by the learned Single Judge of this Court in W.P.Nos.6776 of 2018 etc., batch. Therefore, he prayed that the similar relief may be granted to the petitioners herein.
2. In view of the fair stand taken by the learned counsel for the parties, the learned Single Judge of this Court in W.P.Nos.6776 of 2018 etc., batch, by order dated 28.10.2021, in the case of M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission & 3 Ors., in identical circumstances held as under : "11. In view of the above, all these Writ Petitions are Disposed of with the following directions:- (a) In all those cases where the TANGEDCO has acted upon the interim orders passed by this Court and the entire outstanding amounts due and payable has been adjusted, those writ petitions will be rendered infructuous since the grievance of those petitioners stands redressed;
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(b) In those cases where the TANGEDCO is in the process of adjusting the outstanding amount due, such adjustment shall be continued till the entire outstanding amount is adjusted towards the current consumption charges / open access charges payable by the respective petitioners and (c) The TANGEDCO shall not take any coercive steps to disconnect the electricity connection to the petitioners until the outstanding amounts due and payable is completely adjusted towards the current consumption charges/ open access charges payable by the petitioners."
3. In view of the above, nothing survives for adjudication in these matters. Accordingly, the writ petitions are disposed of in the aforesaid terms. No Costs. Consequently, the connected miscellaneous petitions are closed.
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To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathi Salai, (Marshall's Road), Egmore, Chennai - 600 008.
2.The Chairman, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3.Director Finance, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4.The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
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M.DHANDAPANI, J.
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