Anand Textiels, v. Tamilnadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.11.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.33060 & 33063 of 2023 & WMP.Nos.32752 & 32757 of 2023 Anand Textiles, HTSC No.039094320250, 527, Avanashi road, Tirupur - 641603, repd. its General Manager R.Natrajan ... Petitioner in W.P.No.33060 of 2023 M/s Vishakavel Textile Mills Pvt Ltd., S.F.No.102/1-C, Arasur, Avinashi Road, Behind LECS, Coimbatore repd. its Authorized Signatory Jijenthiran.DU ... Petitioner in W.P.No.33063 of 2023 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.
2. The Chairman, Tamil Nadu Generation and Distribution
3. Director Finance, Tamil Nadu Generation and Distribution 1 / 6
4. The Superintending Engineer, TANGEDCO, Coimbatore/South Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
Respondents in both W.P.'s PRAYER in W.P.No.33060 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying 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 until the respondent makes payment of the outstanding dues of Rs.22,72,101/- (for the year 2022-2023) payable to the petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted. PRAYER in W.P.No.
33063 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying 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 until the Respondent makes payment of the outstanding dues of Rs.15,37,340/- (for the year 2022-2023) payable to the Petitioner or give adjustment in the current consumption charges payable by the Petitioner till the entire amount is adjusted. In both W.P.'s For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.Enock Anand for Mr.L.
C O M M O N O R D E R Mr.Enock Anand, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to proceed with these matters finally. Hence, by consent of both sides, these Writ Petitions are disposed finally even at the stage of admission.
2. Both learned counsel for the petitioners as well as learned Standing Counsel for the respondents would concur on the position that the issue that arises in these Writ Petitions have been decided by several Benches of this Court. In fact in W.P.No.2935 of 2022, this Court has, vide order dated 18.02.2022, referred to earlier orders of this Court in W.P.No.6776 of 2018 and 27559 & 27564 of 2021 dated 28.10.2021 and 22.12.2021 respectively, reading thus: 'Mr.Abul Kalam, learned Standing Counsel accepts notice for the respondents. By consent of both sides, these Writ Petitions are disposed finally even at the stage of admission.
2. The petitioners seek a Writ of Mandamus forbearing the respondents i.e., the Tamil Nadu Electricity Regulatory Commission and various other officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges, demand charges and other arrears from the petitioners until such time the respondents settle the outstanding dues of Rs.3,60,657/- (W.P.No.1578 of 2022), Rs.8,78,252/- (W.P.No.1598 of 2022) and Rs.1,42,077/- (W.P.No.1608 of 2022), all for the period 2019-2020, payable to the petitioners or adjust the same against current consumption charges till the entirety of the amounts stand adjusted. 3 / 6
3. Both learned counsel would concur on the position that this issue stands decided by various Benches of this Court. In W.P.Nos.27559 and 27564 of 2021 final orders were passed on 22.12.2021 to the effect that, in those cases where TANGEDCO was in the process of adjusting the outstanding amounts due, such adjustment would continue till the entire outstanding amounts stood adjusted towards current consumption charges/open access charges payable by the respective Petitioners.
4. TANGEDCO was directed not take 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.
5. In W.P.No.6776 of 2018, TANGEDCO has been directed vide order dated 28.10.2021 to formulate a definite policy as to how they propose to deal with their liabilities under the agreements, going forward.
6. Mr.Kalam, who takes notice for the respondents would submit that the policy which is presently being finalized also includes the issue of interest payable to consumers for delay in effecting payments.
7. In view of the identity of facts that arise in the earlier matters as in the present matters, learned counsel would request the Court to pass final orders in the present writ petitions even at the stage of admission following the ratio of orders dated 28.10.2021 and 22.12.2021 as aforesaid.
8. Thus, acceding to the request, W.P.Nos.1578, 1598 and 1608 of 2022 are disposed in terms of the orders passed on 28.10.2021 and 22.12.2021 granting the mandamus as sought for. No costs. Consequently, connected miscellaneous petitions are closed.
3. There is no dispute on the complete identity between the facts and legal position as obtain in the present writ petitions and the Writ Petitions referred to above. Thus, the same order as passed on 18.02.2022 is taken to be passed in these writ petitions as well.
4 / 6
4. These writ petitions are disposed in terms of orders dated 18.02.2022 passed in W.P.No.2935 of 2022, granting the mandamus as sought for. No costs. Connected Miscellaneous Petitions are closed. 23.11.2023 vs Index : Yes / No Speaking Order : Yes To
1. Tamil Nadu Electricity Regulatory Commission repd. by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai-600 008.
2. The Chairman, Tamil Nadu Generation and Distribution
3. Director Finance, Tamil Nadu Generation and Distribution
4. The Superintending Engineer, TANGEDCO, Coimbatore/South Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
5 / 6
DR.ANITA SUMANTH, J.
vs W.P.Nos.33060 & 33063 of 2023 & WMP.Nos.32752 & 32757 of 2023 23.11.2023 6 / 6