Armstrong Spinning Mills (P) Ltd., v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.34322, 34325, 34330 and 34331 of 2024 Armstrong Spinning Mills (P) Ltd., 61C, Saminathapuram II Street, Anuparapalayam Post, Tirupur-641 652, repd.by its Authorized Signatory, A.Arumugam
...Petitioner in W.P.No.31581 of 2024
M/s.C.V.Spinners Pvt Ltd., Palani Road, Venkatesa Mills Post, Udumalpet, repd.by its Authorized Signatory, A.Suresh
...Petitioner in W.P.No.31585 of 2024
M/s.Sree Jayamurugan Alloys Pvt Ltd., S.F.No.329/3, 4, 5, Gangapathy Nagar, Vellalagundam, Salem-635 111.
Rep.by its Authorized Signatory, R.Shambu
...Petitioner in W.P.No.31587 of 2024
Page No.1 of 7
Sahana Clothing Company Limited, S.F.No.438, Pollachi Main Road, Kamanickenpalayam, Sulur, Coimbatore, rep.by its Authorized Signatory, A.Arumugam
...Petitioner in W.P.No.31588 of 2024
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. ...R1 and R2 in all W.Ps 3.
The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
...3rd Respondent in W.P.No.31581 of 2024 and 4th Respondent in W.P.No.31585 of 2024 4.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobi.
...4th Respondent in W.P.No.31581 of 2024 5.
Director Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
...R3 in W.P.Nos.31585, 31587 & 31588 of 2024 Page No.2 of 7
6.
The Superintending Engineer, TANGEDCO, Salem Electricity Distribution Circle, Salem.
...4th Respondent in W.P.No.31587 of 2024 7.
The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
...4th Respondent in W.P.No.31588 of 2024 Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to forbear the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioners' HTSC Nos.049094360083, 039094340458, 049094240283 and 059094500052, till the entire outstanding dues of Rs.30,00,000/- Rs.45,00,000/- Rs.1,00,00,000/- and Rs.30,00,000/- payable to the petitioners along with interest towards refundable security deposit in the account of the petitioners' Solar Power Plant HTSC Nos.059514600192, 069534460052, 05951460193 and 069534420071, are paid or give adjustment in the current consumption charges payable by the petitioners till the entire amount is adjusted. For Petitioners : Mr.R.S.Pandiyaraj (in all W.P's.) For Respondents : Mr.D.R.Arun Kumar (in all W.P's.) Page No.3 of 7
COMMON ORDER Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.
2. The issue is no longer res integra. This Court had considered similar matters and had directed the respondents to adjust the refundable security deposit. There is no dispute regarding the fact that the petitioners have commissioned the power plant within the specified time and that the petitioners are entitled to refund.
3. In view of the same, there will be a direction to the respondents to adjust the respective security deposits in the current consumption charges payable by the petitioners. Such adjustment shall start from the next bill. Till such adjustment is over, they shall not disconnect and the needful as indicated above shall be undertaken by the respondents and the communication to be made to the petitioners within a period of two weeks from the date of receipt of a copy of this order. Page No.4 of 7
4. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 23.10.2024 ssb NCC : Yes/No Index : Yes/No Speaking Order : Yes/No 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.
Page No.5 of 7
4.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobi.
5.
The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
6.
The Superintending Engineer, TANGEDCO, Salem Electricity Distribution Circle, Salem.
7.
The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
Page No.6 of 7
M.DHANDAPANI , J.
ssb 23.10.2024 Page No.7 of 7