Sri Janarthana Spinning Mills, v. Tamilnadu Generation And Distribution Corporation Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Sri Janarthana Spinning Mills, Rep. by its Partner Mr.V.Balakrishnan, No.187-1, K.N.P.Road, Karamadai - 641 104, Coimbatore District.
...Petitioner
Vs.
1.
Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Chairman & Managing Director, No.144, Anna Salai, Chennai - 600 002.
2.
The Chief Engineer, Non-Conventional Energy Sources, Tamilnadu Generation & Distribution Corporation Ltd., 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, Tirunelveli.
5.
The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
...Respondents
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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 until the respondents make payment of the outstanding dues of Rs.8,84,120/- payable to the petitioner towards unutilized banked energy units generated through the petitioner's windmill bearing HTSC No.079204720780 of Tirunelveli EDC for the period 20222023 and 2023-2024 based upon Invoices dated 17.08.2023 and 22.04.2024 respectively sent by the petitioner to the 4th respondent or give adjustment in current consumption charges payable by the petitioner's group captive user in respect of HTSC No.039094300217 of Coimbatore North EDC till the entire outstanding amount is adjusted. For Petitioner : Mr.S.Senthil For Respondents : Mr.L.Jai Venkatesh
ORDER
This Writ petition has been filed by the petitioner 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.8,84,120/- payable to the petitioner towards unutilized banked energy units generated through 2/7
the petitioner's windmill bearing HTSC No.079204720780 of Tirunelveli EDC for the period 2022-2023 and 2023-2024 based upon Invoices dated 17.08.2023 and 22.04.2024 respectively, sent by the petitioner to the 4th respondent or give adjustment in current consumption charges payable by the petitioner's group captive user in respect of HTSC No.039094300217 of Coimbatore North EDC till the entire outstanding amount is adjusted.
2. When the matter was taken up for hearing, the learned counsel for the petitioner 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.
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 3/7
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."
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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 present Writ Petition also stands 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.
29.10.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
Tamilnadu Generation & Distribution Corporation Ltd., (TANGEDCO), Rep. by its Chairman & Managing Director, No.144, Anna Salai, Chennai - 600 002.
2.
The Chief Engineer, Non-Conventional Energy Sources, Tamilnadu Generation & Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
3.
The Director (Finance), Tamilnadu Generation and Distribution Corporation Ltd., 5/7
No.144, Anna Salai, Chennai - 600 002.
4.
The Superintending Engineer, TANGEDCO, Tirunelveli.
M.DHANDAPANI , J.
skt 5.
The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
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