← Library
Madras High CourtWP/26560/2023disposed of

M/S.Sri Ranilakshmi Textiles Private Limited v. The Chairman

2023-09-12Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.No.25967 of 2023 M/s.Sri Ranilakshmi Textile P Ltd., HTSC No.039094320017 SF No.403, Avinashi Road, Arasur (Po) Coimbatore - 641 607 Repd. by its Authorized Signatory R.Ranganathan ... Petitioner Vs.

1.The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.Chief Engineer Non-Conventional Energy Sources Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai-600 002.

3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli.

1/4

4.The Superintending Engineer, Coimbatore Electricity Distribution Circle, Coimbatore.

... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondent and their men, agents from collecting current consumption charges, deemed charges and any arrears from the petitioner's HTSC No.039094320017 until the respondent makes payment of the outstanding dues of Rs.40,91,028/- (for the period from March 2020 to September 2022) 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.Jaivenkatesh Standing Counsel for TANGEDCO

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner is a captive generator, and it has sold the surplus electricity it has generated to the TANGEDCO. In this regard, the TANGEDCO owes the 2/4

petitioner a sum of Rs.40,91,028/- (for the period from March 2020 to September 2022).

3.Mr.L.Jaivenkatesh, the Standing Counsel for TNEB takes notice for respondents 1 to 4.

4.There is a claim and a counter claim on either side. Inasmuch as the respondent / TANGEDCO has admitted the purchase of electricity from the petitioner and also a liability of Rs.Rs.40,91,028/-, it is only appropriate that the said sum is adjusted against any of its claim against the outstanding from its end to the petitioner. Till the accounts on either side is entirely reconciled, the respondent / TANGEDCO is prohibited from taking any coercive steps to realize its dues from the petitioner.

5.This writ petition is disposed of with the above directions. No Costs. Consequently, the connected miscellaneous petition is closed. 12.09.2023 (3/3) kas 3/4

N.SESHASAYEE, J.

kas To 1.The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai-600 002.

2.Chief Engineer Non-Conventional Energy Sources Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai-600 002.

3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli.

4.The Superintending Engineer, Coimbatore Electricity Distribution Circle, Coimbatore.

and W.M.P.No.25967 of 2023 12.09.2023 (3/3) 4/4