Hindustan Cotton Spinning Mills v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.10.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.No.29220 of 2023 Hindustan Cotton Spinning Mills WEG No.039204390167 No.341, Mettupalayam Road, Narasimmanaickenpalayam, Coimbatore -641658 District repd by its Managing Partner S.Sundararajan ... 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. Director/Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
4. The Superintending Engineer 1 / 4
TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the peititoner's HTSC No.039094300079 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.069514420035 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.S.P.Parthasarathy For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel
O R D E R
Ms.Keerthana Shenoi, learned Counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, even at the stage of admission.
2. The prayer is for a mandamus forbearing the respondents, officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges or any further charges till the entirety 2 / 4
of the outstanding dues of Rs.10,00,000/- is adjusted as against the consumption charges.
3. Ms.Shenoi would acquiesce to the position that the amount of Rs.10.00 lakhs as quantified by the petitioner is indeed arrears due to the petitioner.
4. Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding dues first as against the charges.
5. It is seen that similar orders have been passed in identical circumstances in Writ Petitions in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.
6. In light of the above, this Writ Petition stands allowed. No costs. Connected Miscellaneous Petition is closed.
11.10.2023 sl Index : Yes / No Speaking Order:Yes 3 / 4
DR.ANITA SUMANTH, J.
Sl 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. Director/Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
4. The Superintending Engineer TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
& WMP.No.29220 of 2023 11.10.2023 4 / 4