Manchester Textile P Ltd, 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.33150 & 33153 of 2022 and WMP Nos.32554 & 32557of 2022 Manchester Textile P Ltd., HTSC No.049094260375 105, Sakthi Nagar (East), P.N.Road, Pooluvapatty Post, Tirupur 641 603.
Rep by its Authorised Signatory S.Dhayanidhi ..Petitioner in WP 33150/22 Suriyagiri Spining Mills P Ltd., HTSC No. 049094220329, 6 Bye Pass Road Near Iyyappan Temple, Komarapalayam-638 183 Namakkal District rep. by its Manager V.Selvakaruppiah ..Petitioner in WP 33153/22 Vs.
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.
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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 Tamil Nadu Generation and Distribution Corporation Limited, 102 Dhali Road Udumalpet 642 126 5 THE SUPERINTENDING ENGINEER TANGEDCO, Gobi Electricity Distribution Circle Gobichettipalayam.
6 THE SUPERINTENDING ENGINEER TANGEDCO, Erode Electricity Distribution Circle, Erode.
..Respondents in WP 33150/22
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.
3 CHIEF ENGINEER Non conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai, Chennai 600 002.
4 THE SUPERINTENDING ENGINEER 2/7
Non conventional Energy Sources, TANGEDCO Udumalpet Electricity Distribution Circle, Udumalpet.
5 THE SUPERINTENDING ENGINEER TANGEDCO Namakkal Electricity Distribution Circle, Namakkal.
..Respondents in WP 33153/22 Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, forbearing the respondent and their men, agents from collection current consumption charges demand charges and any arrears from the petitioner's (i) HTSC No. 049094260375 (ii) HTSC049094220329 respectively till the entire outstanding dues of Rs. 20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant (i) HTSC No. 049514360012 (ii) HTSC No. 069534420053 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 3/7
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 respondent and their men, agents from collection current consumption charges demand charges and any arrears from the petitioner's (i) HTSC No. 049094260375 (ii) HTSC049094220329 respectively till the entire outstanding dues of Rs. 20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the Petitioner's Solar Power Plant (i) HTSC No. 049514360012 (ii) HTSC No. 069534420053 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.
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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. 08.12.2022 jv Index:Yes/No 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 5/7
2. THE CHAIRMAN Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai, Chennai 600 002.
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 Tamil Nadu Generation and Distribution Corporation Limited, 102 Dhali Road Udumalpet 642 126
5. THE SUPERINTENDING ENGINEER TANGEDCO, Gobi Electricity Distribution Circle Gobichettipalayam.
6. THE SUPERINTENDING ENGINEER TANGEDCO, Erode Electricity Distribution Circle, Erode.
7. THE SUPERINTENDING ENGINEER Non conventional Energy Sources, TANGEDCO Udumalpet Electricity Distribution Circle, Udumalpet.
8. THE SUPERINTENDING ENGINEER TANGEDCO Namakkal Electricity Distribution Circle, Namakkal.
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R.SUBRAMANIAN, J.
jv Writ Petition No.33150 & 33153 of 2022 and WMP Nos.32554 & 32557of 2022 08.12.2022 7/7