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Madras High CourtWP/26326/2023disposed of with direction

M/S.Shri Harikrishna Cotton Mills Pvt Ltd. v. The Chairman

2025-10-22Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-10-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 25732 OF 2023

1. M/s.Shri Harikrishna Cotton Mills Pvt Ltd. Rep. By its Director, S.Saravanakumar, SF . No. 536 , Dharapuram - Karur Main Road, Mulanur 639 202, Tirupur.

Petitioner(s) Vs

1. The Chairman TANGEDCO, 144 Anna Salai, Chennai 02 2.The Director - Finance TANGEDCO, 144 Anna Salai, Chennai 02.

3.The Superintending Engineer Palladam Edc, TANGEDCO , Palladam.

Respondent(s) PRAYER; This writ petition has been filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing adjustment of Current consumption charges pertaining to HTSC No. 039094390211 , until amount of Rs. 15,88,856/- (Principal Rs. 9,17,963/- + Interest Rs. 6,70,893/-) paid by the petitioner towards Harmonics Charges, Inclusive of Interest, to be adjusted.

For Petitioner(s):

Mr.G.Maniprabhu For Respondent(s):

Mr.L.Jaivenkatesh Standing Counsel

ORDER

The writ petition has been filed directing the respondents to adjust the Current consumption charges pertaining to HTSC No. 039094390211 , until amount of Rs. 15,88,856/- (Principal Rs. 9,17,963/- + Interest Rs. 6,70,893/-) paid by the petitioner towards Harmonics Charges, Inclusive of Interest, to be adjusted.

2. It is the case of the petitioner that the petitioner is having High Tension Electricity supply with the third respondent. The respondent under the guise of enforcing the Central Electricity Authority Regulations, 2007 directing all the HT consumers including the petitioner in the State of Tamil Nadu to install harmonic controls and imposing penalties in the form of 15% surcharge on the CC bills, irrespective of the supply line capacity. The petitioner was put to a demand of Rs.18,35,846/- by the third respondent on 08.09.2015 to make a payment on or before 25.09.2015. Challenging the same, the petitioner filed a writ petition in W.P.No.31496 of 2015 and this Court has passed an interim order on condition that the petitioner shall deposit 50% of the demand within a period of four weeks from the date of court order. Pursuant to the same, the petitioner has paid 50% of the impugned amount i.e. Rs.9,17,963/- Challenging the said order, the respondents filed writ appeal before this Court and the same

is pending. However, as per directions of this Court, the petitioner is liable to pay the amount which was paid by them. However, the same was not paid by the respondents. Hence, the petitioner filed the present writ petition directing the respondents to adjust the Harmonics charges into CC charges in future.

3. Heard both sides and perused the materials available on record.

4. Considering the facts and circumstances of the case and also of the fact that as against the demand raised by the respondents claiming Harmonics charges. The petitioner filed a writ petition before this Court and during pendency of the same, to show bonafide, the petitioner has paid 50% of the demand amount as per direction of this Court. Subsequently, the writ petition was allowed. However, the respondents have not refund the said amount to the petitioner.. As against the order of the writ petition, the respondents filed writ appeal before this Court and the same is pending. However, the Hon'ble Division Bench of this Court has not passed any interim order. In the absence of any interim order, the respondents refused to adjust the amount which was already paid by the petitioner, is not sustainable.

5. Therefore, this Court is inclined to pass the following orders: The respondents are directed to adjust the amount, which has been already paid by the petitioner, in future CC bills. If the respondents succeed in the writ appeal, the petitioner shall repay the said amount to the respondents.

6. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22-10-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Chairman TANGEDCO, 144 Anna Salai, Chennai 02 2.The Director Finance TANGEDCO, 144 Anna Salai, Chennai 02 3.The Superintending Engineer Palladam EDC, TANGEDCO , Palladam

M.DHANDAPANI J.

rli 22-10-2025