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.34300, 34304 and 34308 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.31558 of 2024
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.31562 of 2024
M/s.Ramana Textile Pvt.Ltd., 56C, Virudhunagar Main Road, Mallankinar, Virudhunagar-626 109, Rep.by its Authorized Signatory, R.Deva
...Petitioner in W.P.No.31565 of 2024
Page No.1 of 7
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.31558 of 2024 4.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobi.
...4th Respondent in W.P.No.31558 of 2024 5.
Director Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
...R3 in W.P.Nos.31562 & 31565 of 2024 6.
The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
...4th Respondent in W.P.No.31562 of 2024 7.
The Superintending Engineer, TANGEDCO, Page No.2 of 7
Virudhunagar Electricity Distribution Circle, Virudhunagar.
...4th Respondent in W.P.No.31565 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, 059094500052 and 079094620272 till the entire outstanding dues of Rs.30,00,000/-, Rs.20,00,000/- and Rs.10,00,000/- payable to the petitioners along with interest towards refundable security deposit in the account of the petitioners' Solar Power Plant HTSC Nos.039514390055, 069534420072 and 059514520034 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.) 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 Page No.3 of 7
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.
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 Page No.4 of 7
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.
The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
4.
The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobi.
5.
Director Generation, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
6.
The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
Page No.5 of 7
7.
The Superintending Engineer, TANGEDCO, Virudhunagar Electricity Distribution Circle, Virudhunagar.
Page No.6 of 7
M.DHANDAPANI , J.
ssb 23.10.2024 Page No.7 of 7