Aruna Textile Processing Mills v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Writ Petition No.33152 & 33156 of 2022 and WMP Nos.32556 & 32560 of 2022 Aruna Textile Processing Mills, HTSC No.049094260418 80/5, Avudayankadu, Kongampalayam, Chithode Post, Gangapuram Village, Erode District 638 102 Rep by its Manager, V.Selvakaruppiah ..Petitioner in WP 33152/22 VKS Textiles, HTSC No. 049094220234 2/183/4, Shanmuga Petrol Bunk Opp, Salem Bye Pass Road, Komarapalayam 638 183, Namakkal District.
Rep by its Manager, V.Selvakaruppiah ..Petitioner in WP 33156/22 Vs.
1. TAMIL NADU ELECTRICITY REGUL ATORY COMMISSION, Repd. by its Secretary 19-A Rukmini Lakshmipathy Salai, (Marshalls Road) , Egmore, Chennai 08 1/6
2 THE CHAIRMAN Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai, Chennai 600 002. interregnum 3 CHIEF ENGINEER Non conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai, Chennai 600 002.
4 THE SUPERINTENDING ENGINEER Non conventional Energy Sources TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET.
5 THE SUPERINTENDING ENGINEER TANGEDCO, Namakkal Electricity Distribution Circle Namakkal.
..Respondents in both the Petitions Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking 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's (i) HTSC No. 049094260418 (ii) HTSC No.049094220234 respectively till the entire outstanding dues of (i)Rs.20,00,000/- (ii) Rs.10,00,000/- respectively payable to the petitioner along with interest towards refundable security deposit in the account of the 2/6
Petitioner's Solar Power Plant (i) HTSC No. 069534420052 (ii) HTSC No. 069534420054 respectively is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
For Petitioner : Mr.R.S.Pandiyaraj (in each of the petitions) For Respondents : Mr.Syed Sibghatulla (in both the petitions) Standing Counsel C O M M O N O R D E R The prayer in the Writ Petitions reads as follows: "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's (i) HTSC No. 049094260418 (ii) HTSC No.049094220234 respectively till the entire outstanding dues of (i)Rs.20,00,000/- (ii) Rs.10,00,000/- respectively payable to the petitioner along with interest towards refundable security deposit in the account of the 3/6
Petitioner's Solar Power Plant (i) HTSC No.
069534420052 (ii) HTSC No. 069534420054 respectively is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted."
2. It is not in dispute that the petitioners have installed the Solar Panel, started production and they are also entitled to refund of the Security Deposit.
3. Considering the fact that the issue is covered by the decision of this Court in WP No.6776 of 2020 etc. batch, the Writ Petitions are disposed of with a direction to the respondents to adjust the refundable security deposit in the monthly current consumption bills commencing from next cycle. The respondents shall not disconnect the service connection of the petitioners in each of the petitions till then. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 4/6
08.12.2022 jv Internet:Yes/No Speaking order/Non-Speaking order To:-
1. TAMIL NADU ELECTRICITY REGUL ATORY COMMISSION, Repd. by its Secretary 19-A Rukmini Lakshmipathy Salai, (Marshalls Road) , Egmore, Chennai 08 2 THE CHAIRMAN Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai, Chennai 600 002. interregnum 3 CHIEF ENGINEER Non conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai, Chennai 600 002.
4 THE SUPERINTENDING ENGINEER Non conventional Energy Sources TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET.
5 THE SUPERINTENDING ENGINEER TANGEDCO, Namakkal Electricity Distribution Circle Namakkal.
5/6
R.SUBRAMANIAN, J.
jv Writ Petition No.33152 & 33156 of 2022 and WMP Nos.32556 & 32560 of 2022 08.12.2022 6/6