M/S.Dorado Energy Pvt Ltd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.29768 and 29773 of 2024 and WMP.Nos.32447 & 32456 of 2024 M/s.Dorado Energy Pvt. Ltd., No.7, II Trust Link Road, Mandaveli, Chennai-28.
Rep. By its Authorized Signatory C.K.Iyappan
...Petitioner in W.P.no.29768/2024
M/s.Palladam Steels Pvt. Ltd., 501/1, Thutharpalayam, V.Kalipalayam post, Palladam, Tiruppur.
Rep. By its Authorized Signatory C.K.Iyappan
...Petitioner in W.P.no.29773/2024
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), 1/8
Tamilnadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
5.
The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle, Coimbatore.
...Respondents in W.P.no.29768/2024
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, Palladam Electricity Distribution Circle, Palladam.
...Respondents in W.P.no.29773/2024
Prayer in W.P.no.29768 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the 2/8
respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's group captive consumer Aspire Systems India Private Ltd., HTSC No.099094010639 until the respondents make payment of the outstanding dues of Rs.44,59,772/- (for the year of 2020-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner or give captive consumer consumption charges payable by the petitioner's group captive consumer Aspire Systems (India) Pvt., Ltd., HTSC No.099094010639 till the entire amount is adjusted.
Prayer in W.P.no.29773 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's group captive consumer Aspire Systems India Private Ltd., HTSC No.039094390344 until the respondents make payment of the outstanding dues of Rs.84,70,062/- (for the months from of March to July 2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner : Mr.S.Lakshmipathy in all the W.P.s'
For Respondents : Mr.L.Jaivenkatesh In all the W.P.s'
3/8
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 petitioner until the respondents make payment of the outstanding dues of Rs.44,59,772/- and 84,70,062/- respectively (for the year of 2020-2024) payable to the petitioners to give adjustment in the current consumption charges payable by the petitioner 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 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. 4/8
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.
towards the current consumption charges/open access charges payable by the petitioners."
3. 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 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.
6/8
4.
The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
5.
The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle, Coimbatore.4.
The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
7/8
M.DHANDAPANI , J.
rli W.P.No.29768 and 29773 of 2024 04.10.2024 8/8