M/S.Ambica Agarbathies And Aroma Industries Limited, v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 10.11.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.No.31661 of 2023 M/s.Ambica Agarbathies & Aroma Industries Limited, Represented by its Authorised Signatory, Mr.C.Damodharan, Having office at No.69, 100 Feet Road, Vadapalani, Chennai-600 026.
... Petitioner Vs 1 Tamil Nadu Electricity Regulatory Commission, Represented 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 The Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.
4 The Superintending Engineer, 1 / 4
Chennai West Electricity Distribution Circle, K.K.Nagar Chennai-600 078.
5 The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the fifth respondent and their men agents from collecting current consumption charges demand charges and any arrears from the petitioner until the fifth respondent makes payment of the outstanding dues of Rs.19,26,612/- for 2022-2023, 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.Vijayan Subramanian For Respondents : Mr.S.Madhusudanan
O R D E R
Mr.S.Madhusudanan, learned Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, even at the stage of admission.
2. The prayer is for a mandamus forbearing the respondents, officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges or any further charges till the entirety 2 / 4
of the outstanding dues of Rs.19,26,612/- is adjusted as against the consumption charges.
3. Mr.S.Madhusudanan would acquiesce to the position that the amount of Rs.19,26,612/- as quantified by the petitioner is indeed arrears due to the petitioner.
4. Thus, and in light of the aforesaid admission, mandamus is issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding dues first as against the charges.
5. It is seen that similar orders have been passed in identical circumstances in Writ Petitions in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.
6. In light of the above, this Writ Petition stands allowed. No costs. Connected Miscellaneous Petition is closed.
10.11.2023 sl Index : Yes / No Speaking Order:Yes 3 / 4
DR.ANITA SUMANTH, J.
Sl To 1 Tamil Nadu Electricity Regulatory Commission, Represented 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 The Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600 002.
4 The Superintending Engineer, Chennai West Electricity Distribution Circle, K.K.Nagar Chennai-600 078.
5 The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tirunelveli.
& WMP.No.31661 of 2023 10.11.2023 4 / 4