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Madras High CourtWP/27960/2023disposed of with direction

M/S.Eveready Spinning Mills Private Limited v. The Chairman

2025-10-27Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.27468 of 2023 M/s.Eveready Spinning Mills Private Limited, Rep.by its Managing Director, S.Saravanakumar, NH-7, Kottaiyur Agaram Village, Thadicombu, Dindigul-624 709. ... Petitioner Vs.

1. The Chairman, TANGEDCO, 144, Anna Salai, Chennai-600 002.

2.The Chief Engineer-NCES, TANGEDCO, 144, Anna Salai, Chennai-600 002.

3.The Director-Finance, TANGEDCO, 144, Anna Salaii, Chennai-600 002.

4.The Superintending Engineer, TANGEDCO, Tirunelveli EDC, Tirunelveli.

5.The Superintending Engineer, TANGEDCO, Dindugal EDC, Dindigul.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents from demanding and collecting the current consumption charges of Rs.39,88,275/- to be adjusted in HTSC.No.059094500347, being the sum of interest for the belated payment for the sale of electricity generation to Board for the year 2006-2007 accrued as on 31.07.2023 and further interest thereon. For Petitioner :

Mr.Rahul Balaji for Mr.G.Mani Prabhu For Respondents :

Mr.S.Madhusudanan Standing Counsel

O R D E R

This Writ Petition has been filed to forbear the respondents from demanding and collecting the current consumption charges of Rs.39,88,275/- to be adjusted in HTSC.No.059094500347, being the sum of interest for the belated payment for the sale of electricity generation to Board for the year 2006-2007 accrued as on 31.07.2023 and further interest thereon.

2. The petitioner is having six numbers of windmills and electricity generation and had entered with an Energy Purchase Agreement with TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli, on

31.03.2006. In the year 2006-2007, the petitioner has raised invoices for the supply of electricity generation to TANGEDCO which was not paid on time. As per the order of the Appellate Tribunal for Electricity (APTEL), the Wind Power Generators are entitled for payment of interest on delayed payment made for the purchase of the power from the generators. Therefore, the petitioner raised invoices dated 25.10.2013 along with order copy of APTEL which was acknowledged on 28.01.2014. Pursuant to the same, the respondents rejected the claim of payment of interest. Till date, no interest has been paid. Therefore, the petitioner has sent a representation seeking adjustment of interest in current consumption bill and the same was also not considered and therefore, the petitioner has filed this present writ petition seeking the aforesaid relief.

3. The learned counsel appearing for the petitioner submits that the petitioner has filed this writ petition mainly to adjust the dues including the interest payable to the petitioner from the current consumption charges as per the Energy Purchase Agreement entered between the petitioner and the respondent Electricity Board.

4. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel for the respondents.

5. In view of the limited request sought for by the petitioner in this writ petition, the respondents are directed to adjust the dues and the interest if any payable by way of Energy Purchase Agreement to the petitioner for purchase of wind energy from the current consumption charges in the future bill. The said exercise is to be completed within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 27.10.2025 NCC: Yes / No (1/2) Index : Yes / No Speaking Order : Yes / No ssb

To

1. The Chairman, TANGEDCO, 144, Anna Salai, Chennai-600 002.

2.The Chief Engineer-NCES, TANGEDCO, 144, Anna Salai, Chennai-600 002.

3.The Director-Finance, TANGEDCO, 144, Anna Salai, Chennai-600 002.

4.The Superintending Engineer, TANGEDCO, Tirunelveli EDC, Tirunelveli.

5.The Superintending Engineer, TANGEDCO, Dindigul EDC, Dindigul.

M.DHANDAPANI, J.

ssb 27.10.2025 (1/2)