M/S.Sakthidaran Spintex Mills Pvt.Ltd. v. Tamil Nadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.29642, 24651,29657 & 29660 of 2024 and WMP.Nos.32294, 32300, 32303 and 32306 of 2024 M/s.Sakthidaran Spintex Mills Pvt. Ltd., No.168/5A, Kozhikkainathan Road, Opp. Weavers Colony, Tiruchengode, Namakkal, Rep. By its Authorized Signatory C.Sakthivel.
...Petitioner in W.P.no.29642/2024
Bilal Match Works Old No.24/O, New No.2169/4, Jawaharlal Nehru Road, Sivakasi.
Rep. By its Proprietor, M.S.Noor Mohammed
...Petitioner in W.P.no.29651/2024
M/s.Cheran Spinning Private Ltd., S.No.477/1, Anangur Main Road, Sowthapuram Post, Patharai, Erode, Rep. By its Authorised signatory, A.S.Palanisamy.
...Petitioner in W.P.no.29657/2024
Kasim Textiles Mills Private Ltd., Puliyankulam, Silaiman Post, Madurai, Rep. By its Director S.Mohamed Sheik.
... Petitioner in W.P.no.29660 of 2024 1/10
Vs.
1.
Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Secretary, 19-A, Rukminilakshmipathy Salai, Egmore, Chennai-8.
2.
The Chairman, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
3.
The Director (Finance), Tamilnadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
5.
The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
...Respondents in W.P.no.29642/2024
1.
Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Secretary, 19-A, Rukminilakshmipathy Salai, Egmore, Chennai-8.
2.
The Chairman, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
2/10
3.
The Director (Finance), Tamilnadu Generation and Distribution Corporation Ltd., No.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, Thirunelveli.
...Respondents in W.P.no.29651/2024
1.
Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Secretary, 19-A, Rukminilakshmipathy Salai, Egmore, Chennai-8.
2.
The Chairman, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
3.
The Director (Finance), Tamilnadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
4.
The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
3/10
... Respondents in W.P.no.29657 of 2024 1.
Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Secretary, 19-A, Rukminilakshmipathy Salai, Egmore, Chennai-8.
2.
The Chairman, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
3.
The Director (Finance), Tamilnadu Generation and Distribution Corporation Ltd., No.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, Thirunelveli.
...Respondents in W.P.no.29660/2024
Prayer in W.P.no.29642 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of the outstanding dues of Rs.10,21,962/- (for the year of 2023-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire 4/10
outstanding amount is adjusted.
Prayer in W.P.no.29651 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of the outstanding dues of Rs.1,16,664/- (for the year of 2023-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.
Prayer in W.P.no.29657 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of the outstanding dues of Rs.2,81,418/- (for the year of 2023-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.
Prayer in W.P.no.29660 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the 5/10
respondents make payment of the outstanding dues of Rs.11,47,625/- (for the year of 2020-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.
For Petitioner : Mr.R.S.Pandiyaraj in all the W.P.s'
For Respondents : Mr.S.Madhusudhanan for W.P.Nos.29651 & 29660/2024 Mr.S.Kalaiselvan for W.P.No.29642 & 29651 of 2024 COMMON ORDER These Writ petitions have been filed by the petitioners seeking to forbear the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioners until the respondents make payment of the respective outstanding dues payable to the petitioners to give adjustment in the current consumption charges payable by the petitioners till the entire outstanding amount is adjusted.
2. When the matters were taken up for hearing, the learned counsel for the petitioners submitted that the issue involved in the present Writ 6/10
petition is no longer res integra and the similar issue has already been decided by the learned Single Judge of this Court in W.P.Nos.6776 of 2020 etc., batch on 28.10.2021 and therefore the same order may be passed in this petition as well. Learned counsel appearing for the respondents has not disputed the facts submitted by the learned counsel for the petitioner and he has no serious objection for the said order being passed.
3. The learned Single Judge of this Court, vide order dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch in the case of M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission, in identical circumstances which was also relied upon by the learned counsel for the petitioner 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 bythis 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; 7/10
(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."
4. In view of the above fact that the earlier Writ petitions involving similar issue being disposed of by this Court in the aforesaid terms, the present Writ Petitions also stand disposed of in terms of the above said order of this Court dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch. No costs. Consequently, connected M.P.s' are closed. 04.10.2024 rli 8/10
To:
1.
Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Secretary, 19-A, Rukminilakshmipathy Salai, Egmore, Chennai-8.
2.
The Chairman, Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
3.
The Director (Finance), Tamilnadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, TANGEDCO, Namakkal Electricity Distribution Circle, Namakkal.
5.
The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
6.
The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
7.
The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.
9/10
M.DHANDAPANI , J.
rli W.P.No.29642, 24651,29657 & 29660 of 2024 04.10.2024 10/10