Jayavarma Knittears v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM
THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.33783, 33785 to 33787 of 2024 Jayavarma Knittears Rep. by its Authorized Signatory S.Dhayanidhi 105, Sakthi Nagar (East P.N.Road, Pooluvapatty Post, Tirupur - 641 603 ... Petitioner in W.P.No.31140 of 2024 M/s. Premchander Wind Farms Pvt Ltd., Rep. by its Authorised Signatory K.Selvakumar Amarjothi House, No.157, Kumaran Road, Tirupur - 641 601.
... Petitioner in W.P.No.31141 of 2024 Kasim Textiles Mills Pvt Ltd., Rep. by its Director S.Mohamed Sheik Puliyankulam, Silaiman P.O., Madurai - 625 201.
... Petitioner in W.P.No.31143 of 2024 1/10
M/s. Selvi Windfarm Pvt Ltd., Repd. by its Authorised Signatory V.Krishnan Reg office:- No.17, Sri Nagar, Kurumba Palayam, Vedapaty Post, Coimbatore - 641007.
... Petitioner in W.P.No.31147 of 2024 Vs.
1. Tamil Nadu Electricity Regulatory Commission, repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, TANGEDCO Tirupur Electricity Distribution Circle, Tirupur.
5. The Superintending Engineer, TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
... Respondents in W.P.No.31140 of 2024 2/10
1. Tamil Nadu Electricity Regulatory Commission, repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
5. The Superintending Engineer, TANGEDCO Gobi Electricity Distribution Circle, Gobi.
... Respondents in W.P.No.31141 of 2024
1. Tamil Nadu Electricity Regulatory Commission, repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
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3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, TANGEDCO Madurai Electricity Distribution Circle, Madurai.
5. The Superintending Engineer, TANGEDCO Palladam Electricity Distribution Circle, Palladam.
... Respondents in W.P.No.31143 of 2024
1. Tamil Nadu Electricity Regulatory Commission, repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, TANGEDCO Palladam Electricity Distribution Circle, Palladam.
... Respondents in W.P.No.31147 of 2024 4/10
Prayer in W.P.No.31140 of 2024 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents, their men and 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.12,60,276/- (for the year of 2023-2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
Prayer in W.P.No.31141 of 2024 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents, their men and agents from collecting current consumption charges, demand charges and any arrears from the Group captive consumer M/s. Amarjothi Spinning Mills Ltd Unit B HTSC No.49094360085 until the respondents make payment of the outstanding dues of Rs.9,16,965/- (for the period April 2023 to March 2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. Prayer in W.P.No.31143 of 2024 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents, their men and 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.37,47,710/- (for the year of 2020-2024) payable to the petitioner or give adjustment in the 5/10
current consumption charges payable by the petitioner till the entire amount is adjusted.
Prayer in W.P.No.31147 of 2024 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents, their men and agents from collecting current consumption charges, demand charges and any arrears from the Captive Consumer M/s. Sandfits Foundries Pvt Ltd is having HTSC No.039094390299 until the respondents make payment of the outstanding dues of Rs.1,57,348/- (for the year of 2023-2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For Petitioner in all the Writ Petitions : Mr.R.S.Pandiyaraj For Respondents in W.P.No.31141 / 2024 & W.P.No.31143 / 2024 : Mr.I.Syed Sibghatulla For Respondents in W.P.No.31140 / 2024 & W.P.No.31147 / 2024 : Mr.L.Jai Venkatesh COMMON ORDER These Writ Petitions have been filed by the petitioners, seeking to forbear the respondents, their men and agents from collecting current 6/10
consumption charges, demand charges and any arrears from the petitioners until the respondents make payment of the outstanding dues of Rs.12,60,276/-, 9,16,965/-, 37,47,710/- and 1,57,348/- respectively, payable to the petitioners or 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 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 these petitions as well. Learned counsels appearing for the respondents have not disputed the facts submitted by the learned counsel for the petitioners and they have 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 7/10
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;
(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 8/10
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.Ps are closed. 19.10.2024 raja Index : yes/no Internet : yes/no Speaking Order / Non-Speaking Order To
1. The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai - 600 008.
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
3. The Director /Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
4. The Superintending Engineer, TANGEDCO Tirupur Electricity Distribution Circle, Tirupur.
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M. DHANDAPANI, J.
raja
5. The Superintending Engineer, TANGEDCO Tirunelveli Electricity Distribution Circle, Tirunelveli.
6. The Superintending Engineer, TANGEDCO Gobi Electricity Distribution Circle, Gobi.
7. The Superintending Engineer, TANGEDCO Madurai Electricity Distribution Circle, Madurai.
8. The Superintending Engineer, TANGEDCO Palladam Electricity Distribution Circle, Palladam.
W.P.Nos.31140, 31141, 31143 & 31147 of 2024 19.10.2024 10/10