Super Springs Private Ltd v. Tamilnadu Power Distribution Corporation Ltd
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 36928 of 2025
1. SUPER SPRINGS PVT LTD REPRESENTED BY ITS DIRECTOR KURUMBAPALAYAM, MG PUDUR POST, COIMBATORE 641 406.
Petitioner(s) Vs
1. Tamilnadu Power Distribution Corporation Ltd N.P.K.R.R Maligai, 144, Anna Salai, Chennai - 600 002 Represented by its Chairman & Managing Director 2.Director Finance Tamilnadu Power Distribution Corporation Ltd, 144 Anna Salai, Chenani 600 0002.
2/10 3.The Chief Financial Controller Tamilnadu Power Distribution Corporation Ltd, 144 Anna Salai, Chennai 600 002 4.The Superintending Engineer, TNPDCL Udumalpet Electricity Distribution Circle, Eripalayam, Tirrupur Road, Udumalpet 642 126 5.The Superintending Engineer TNPDCL Coimbatore Electricity Distribution Circle/South, Coimbatore 6.Taminadu Green Energy Corporation Ltd Represented by its Chairman & Managing Director, 144 Anna Salai, Chennai.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondent and their men, agents not to collect current consumption charges, demand charges, and any arrears from the Petitioner for the consumption in HTSC No.039094320049 connected to the 5th Respondent, till the payment of entire outstanding dues of Rs.7,27,196/- payable to the petitioner towards encashment of unutilised banked
3/10 units of energy generated by the Petitioner's WEG bearing No.HTSC No.039214340724 connected to the 4th respondent, along with interest at 1% per month, until the said amount is either paid or adjusted in full by the Respondents herein.
For Petitioner(s):
Mr.Rahul Balaji For Respondent(s):
Mr.D.R.Arun Kumar Standing Counsel
ORDER
This writ petition is filed with a prayer to direct the Respondent and their men, agents not to collect current consumption charges, demand charges, and any arrears from the Petitioner for the consumption in HTSC No.039094320049 connected to the 5th Respondent, till the payment of entire outstanding dues of Rs.7,27,196/- payable to the petitioner towards encashment of unutilised banked units of energy generated by the Petitioner's WEG bearing No.HTSC No.039214340724 connected to the 4th respondent, along with interest at 1% per month, until the said amount is either paid or adjusted in full by the Respondents herein.
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2. When the matter came up for admission, the learned counsel for both sides would submit that the matter is no longer res integra and in several matters, this Court has passed earlier orders. It can be seen that in one such order in W.P.No.38309 of 2024, the writ petition is disposed of on the following terms and the entire order from paragraph No. 2 to 8 is extracted hereunder:- 2. The petitioner herein seeks issue of Writ of Mandamus, forbearing the respondents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of outstanding dues of Rs.35,41,322/- payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
3. It is the case of the petitioner that it involves in the manufacture of yarn Products having High Tension Electricity Supply and the petitioner had erected Wind Energy Generators, which generates power and the petitioner utilised the portion of the electric energy generated by it and surplus was supplied to the respondents.
4. As per the details furnished by the 4th respondent, the petitioner supplied energy to the respondents for value of Rs.35,41,322/- upto March-2024. The petitioner raised invoice for encashment of the above said amount based on the applicable tariff and the same has not been honoured by the respondents.
5/10 Therefore, the petitioner has come before this Court with a prayer seeking adjustment of the amount due to the petitioner from TANGEDCO/respondents 2 to 5. The petitioner submitted a representation on 26.04.2024 enclosing statement downloaded from the website of the TANGEDCO. Therefore, there is no dispute with regard to the quantum payable by TANGEDCO to the petitioner towards electricity supplied by it.
5. Heard the argument of learned counsel appearing for the petitioner and Mr.Syed Sibuthullah, learned Standing Counsel (TNEB), who is taking notice for the respondents.
6. This Court in similar cases in W.P.No.31140 of 2024, dated 19.10.2024 batch cases, passed the following orders:- 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 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:- 1
1. 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
6/10 / 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 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.@
7. Therefore, this Court is also inclined to pass similar order by directing the respondents 2 to 5 to adjust the amount of Rs.35,41,322/- payable by the respondents to the petitioner towards the electricity supplied to them by the petitioner, with the current consumption charges, demand charges payable by the petitioner, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against the petitioner for disconnection of power supply till entire outstanding amount payable to the petitioner by respondents gets adjusted towards current consumption charges, demand charges etc., payable by the petitioner.
8. With this direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition closed.
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3. Accordingly, this writ petition shall stands disposed of on the same terms. Consequently, connected miscellaneous petition is closed. No costs. 29-08-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
8/10 To 1.Chairman & Managing Director Tamilnadu Power Distribution Corporation Ltd N.P.K.R.R Maligai, 144, Anna Salai, Chennai - 600 002 2.Director Finance Tamilnadu Power Distribution Corporation Ltd, 144 Anna Salai, Chenani 600 0002.
3.The Chief Financial Controller Tamilnadu Power Distribution Corporation Ltd, 144 Anna Salai, Chennai 600 002 4.The Superintending Engineer, TNPDCL Udumalpet Electricity Distribution Circle, Eripalayam, Tirrupur Road, Udumalpet 642 126 5.The Superintending Engineer TNPDCL Coimbatore Electricity Distribution Circle/South, Coimbatore
9/10 7.Chairman & Managing Director, Taminadu Green Energy Corporation Ltd 144 Anna Salai, Chennai.
10/10 N.ANAND VENKATESH J.
ssr 29-08-2025 (2/2)