M/S.Ahill Apparel Exports (P) Ltd v. Tamil Nadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and W.M.P. No.32339 of 2022 M/s.Ahill Apparel Exports (P) Ltd No.24, Anna Nagar Tirupur - 641 601 Repd by its Manager Mr.Thomas ... Petitioner 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 1/7
4.The Superintending Engineer TANGEDCO Tirupur Electricity Distribution Circle/North Tirupppur 5.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle/North Dindigul ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for 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.039094380468 until the respondent makes payment of the outstanding dues of Rs.14,33,991/- (for the period from June, 2019 to September 2022) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.L.Jaivenkatesh, Standing Counsel
O R D E R
This Writ Petition is admitted.
2. Mr.L.Jaivenkatesh, learned Standing Counsel, takes notice for the respondents. By the consent of Mr.L.Jaivenkatesh, this Writ Petition is 2/7
taken up for hearing.
3. The prayer in the Writ Petition reads as follows:~ Writ petition filed under Article 226 of the Constitution of India for a writ of mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's HTSC No.039094380468 until the respondents makes payment of the outstanding dues of Rs.14,33,991/- (for the period from June, 2019 to September 2022) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
4. The above issue is squarely covered by the order of this Court in W.P.No.6776 of 2018 etc., batch dated 28.10.2021. The following directions have been issued by this Court while disposing of the said batch of Writ Petitions:~ (a) In all those cases where the TANGEDCO has acted upon the interim orders passed by this Court and the entire outstanding amounts due and payable has been adjusted, those writ petitions will be rendered infructuous, 3/7
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.? 5.In view of the same, this Writ Petition is disposed of with the same set of directions. No costs. Consequently, the connected writ miscellaneous petition is closed.
06.12.2022 Asr Index: Yes/No Speaking order / Non speaking order 4/7
To:
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/North Tirupppur 5.The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle/North Dindigul 5/7
R.SUBRAMANIAN, J.
Asr W.P. Nos.32951 of 2022 and W.M.P. No.32339 of 2022 6/7
06.12.2022 7/7