Madras High CourtWP/26817/2023disposed of

M/S.Sreedhara Textiles P Ltd v. Tamil Nadu Electricity Regulatory Commission

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.26241 of 2023 M/s.Sreedhara Textiles P Ltd., HTSC No.039094380500 No.707, Suguna Building, 3rd Floor Avinashi Road Coimbatore 641018 repd. by its Authorized Signatory G.Sivakumar ... Petitioner Vs.

1.Tamil Nadu Electricity Regulatory, Commission Repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.

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

3.Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai-600 002.

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4.The Superintending Engineer, TANGEDCO, Tirupur Electricity Distribution Circle TIRUPUR 5.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle Tirunelveli ... 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 HTSC No.039094380500 until the respondent makes payment of the outstanding dues of Rs.7,06,939/- (for the year of 2022-2023) 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 2/4

has generated to the TANGEDCO. In this regard, the TANGEDCO owes the petitioner a sum of Rs.7,06,939/- (for the year of 2022-2023). 3.Mr.L.Jaivenkatesh, the learned Standing Counsel has taken notice for the respondents TANGEDCO.

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.7,06,939/-, 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 (4/4) kas Index : Yes / No N.SESHASAYEE, J.

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kas To 1.Tamil Nadu Electricity Regulatory, Commission Repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.

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

3.The Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai-600 002.