M/S.Suriya Spinnign Mills v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2024 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.34205 of 2024 and WMP No.37032 of 2024 M/s.Suriya Spinning Mills Rep.by its P.Dinesh S.F.No.49/1, B, Udumalpet Road Unjavelampatti Post Pollachi 642003.
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Petitioner .Vs.
1.Tamil Nadu Electricity Regulatory Commission Repd. by its Secretary 19-A Rukmini Lakshmipathy Salai (Marshalls Road) Egmore, Chennai- 600 008.
2.The Chairman Tamil Nadu Generation and Distribution Corporation Limited 144 Anna Salai Chennai 600 002.
3.The Chief Engineer Non Conventional Energy Sources Tamil Nadu Generation and Distribution Corporation Limited 144 Anna Salai 1 / 4
Chennai 600 002.
4.The Superintending Engineer TANGEDCO Udumalpet Electricity Distribution Circle Udumalpet.
. . Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent and their men, agents from collecting current consumptin charges, demand charges and any arrears from the petitioner HTSC No.039094340256 till the entire outstanding dues of Rs.15,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.06953446016 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 For Respondents :
Mr.D.R.Arun Kumar
O R D E R
The writ petition has been filed in the nature of Mandamus seeking a direction against the respondents from collecting current consumption charges, demand charges and any arrears from the petitioner till the entire outstanding dues of Rs.15,00,000/- payable to the petitioner together with interest towards refundable security deposit is paid or given adjustment. 2 / 4
2.The learned counsel for the petitioner pointed out that consistently this Court had been granting orders to direct adjustment. He placed reliance on an earlier order of this Court in WP.No.6210 of 2023 dated 01.03.2023. The adjustment can be done only with fixing deposit of Rs.15,00,000/- and they cannot be interest component on the said security deposit. In view of the orders passed it is held an amount of sum of Rs.15,00,000/- security deposit alone shall be adjusted with the current consumption charges from the next consumption bill raised by the 2nd respondent herein. Till the adjustment is over, the petitioner should not suffer any order of disconnection. 3.The Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
15.11.2024 Index : Yes/No NCS : Yes/No KP 3 / 4
C.V.KARTHIKEYAN.,J KP To 1.The Secretary Tamil Nadu Electricity Regulatory Commission 19-A Rukmini Lakshmipathy Salai (Marshalls Road), Egmore, Chennai- 600 008. 2.The Chairman Tamil Nadu Generation and Distribution Corporation Limited 144 Anna Salai, Chennai 600 002.
3.The Chief Engineer Non Conventional Energy Sources Tamil Nadu Generation and Distribution Corporation Limited 144 Anna Salai, Chennai 600 002.
4.The Superintending Engineer TANGEDCO Udumalpet Electricity Distribution Circle Udumalpet.
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