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Madras High CourtWP/30345/2023allowed

Super Sales (India) Limited v. The Chairman

2023-10-18Honourable Dr Justice Anita Sumanth7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.10.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.29932, 29937 & 29943 of 2023 Super Sales (India) Limited, 34 - A, Kamaraj Road, Coimbatore - 641018, Repd. its By its Authorized Signatory S.Ravindran ... Petitioner in W.P.Nos.30345 & 30357 of 2023 M/s. KPG Cottspinn India Pvt Ltd., S.F.No.369/1A3, Somanur Village, Kumaran Nagar, Sedapalayam, Somanur, Coimbatore. Repd. By its Authorized Signatory P.Senthil Kumar ... Petitioner in W.P.No.30352 of 2023 Vs

1. The Chairman,

2. Chief Engineer, Non- Conventional Energy Sources, 1/7

3. The Superintending Engineer (NCES) TANGEDCO Udumalpet Electricity Distribution Circle, UDUMALPET

4. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET ... Respondents in W.P.Nos.30345 & 30357 of 2023

1. The Chairman,

2. Chief Engineer, Non- Conventional Energy Sources,

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

4. The Superintending Engineer TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore ... Respondents in W.P.No.30352 of 2023 2/7

PRAYER in W.P.No.30345 of 2023: 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 petitioner's HTSC No.039094340155 till the entire outstanding dues of Rs.27,25,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.039534390075 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

PRAYER in W.P.No.30352 of 2023: 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 petitioner's HTSC No.039094320734 till the entire outstanding dues of Rs.13,75,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.069494430032 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

PRAYER in W.P.No.30357 of 2023: 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 petitioner's HTSC No.039094340155 till the entire outstanding dues of Rs.54,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.039534390083 is paid or give 3/7

adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

In all W.P.'s For Petitioner : Mr.S.P.Parthasarathy For Respondents : Ms.Keerthana Shenoi for Mr.Jai Venkatesh Standing Counsel C O M M O N 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 these matters, 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 of the outstanding dues of Rs.27,25,000/- (W.P.No.30345 of 2023), Rs.13,75,000/- (W.P.No.30352 of 2023) and Rs.54,00,000/- (W.P.No.30357 of 2023) are adjusted as against the consumption charges.

3. Ms.Shenoi would acquiesce to the position that the amount of Rs.27,25,000/- (W.P.No.30345 of 2023), Rs.13,75,000/- (W.P.No.30352 of 4/7

2023) and Rs.54,00,000/- (W.P.No.30357 of 2023) as quantified by the petitioners are indeed arrears due to the petitioners.

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, these Writ Petition stand allowed. No costs. Connected Miscellaneous Petitions are closed. 18.10.2023 Index : Yes / No Speaking Order sl To

1. The Chairman,

2. Chief Engineer, Non- Conventional Energy Sources, 5/7

3. The Superintending Engineer (NCES) TANGEDCO Udumalpet Electricity Distribution Circle, UDUMALPET.

4. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET

5. Director Generation, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

6. The Superintending Engineer TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.

6/7

Dr.ANITA SUMANTH, J.

sl & WMP.Nos.29932, 29937 & 29943 of 2023 18.10.2023 7/7