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Madras High CourtWP/33665/2023disposed of

Viking Textiles P Ltd., v. Tamilnadu Electricity Regulatory

2023-11-30Honourable Dr Justice Anita Sumanth6 pages

2023:MHC:5250

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP Nos.33505, 33507 & 33508 of 2023 Viking Textiles P Ltd., HTSC No.039094390386, 505, Avanashi road, Tirupur - 641603, repd.its General Manager R.Natrajan ... Petitioner in W.P.Nos.33665 & 33667 of 2023 Royal Classic Mills P Ltd., No.31, Puliyamara Thottam, Mangalam Road, Tiruppur Repd. by its Director Operations Mr.S.N.Venkatachalam ... Petitioner in W.P.No.33666 of 2023 Vs

1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukiminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008.

2. The Chairman, Pg.No.1/6

3. Director Finance ... Respondents in W.P.Nos.33665, 33666 & 33667 of 2023

4. The Superintending Engineer TANGEDCO Palladam Electricity Distribution Circle, Palladam.

... Respondent in W.P.Nos.33665 & 33667 of 2023

5. The Superintending Engineer TANGEDCO Coimbatore Electricity Distribution Circle/South, Coimbatore.

... Respondent in W.P.No.33665 of 2023

6. The Superintending Engineer TANGEDCO Tirupur Electricity Distribution Circle, Tirupur.

7. The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle, Dindigul.

... Respondents in W.P.No.33666 of 2023 PRAYER in W.P.No.33665 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 respondents makes Pg.No.2/6

payment of the outstanding dues of Rs.14,14,812/- (for the year of 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.33666 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 respondents makes payment of the outstanding dues of Rs.20,64,209/- (for the year of 2017-2018) 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.

33667 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 respondents makes payment of the outstanding dues of Rs.24,68,074/- (for the year of 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 all W.P.'s For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.Enock Anand for Mr.L.Jai Venkatesh Standing Counsel Pg.No.

C O M M O N O R D E R Mr.Enock Anand, learned Counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of these matters, 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 of the outstanding dues of Rs.14,14,812/- (W.P.No.33665 of 2023), Rs.20,64,209/- (W.P.No.33666 of 2023) and Rs.24,68,074/- (W.P.No.33667 of 2023) are adjusted as against the consumption charges.

3. Mr.Enock Anand would acquiesce to the position that the amount of Rs.14,14,812/- (W.P.No.33665 of 2023), Rs.20,64,209/- (W.P.No.33666 of 2023) and Rs.24,68,074/- (W.P.No.33667 of 2023) as quantified by the petitioners are, indeed, arrears due to the petitioners.

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.

Pg.No.4/6

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, these Writ Petition stand allowed. No costs. Connected Miscellaneous Petitions are closed. 30.11.2023 Index : Yes / No Speaking order sl To

1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukiminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008.

2. The Chairman,

3. Director Finance Pg.No.5/6

Dr.ANITA SUMANTH,J.

Sl

4. The Superintending Engineer TANGEDCO Palladam Electricity Distribution Circle, Palladam.

5. The Superintending Engineer TANGEDCO Coimbatore Electricity Distribution Circle/South, Coimbatore.

6. The Superintending Engineer TANGEDCO Tirupur Electricity Distribution Circle, Tirupur.

7. The Superintending Engineer TANGEDCO Dindigul Electricity Distribution Circle, Dindigul.

and WMP Nos.33505, 33507 & 33508 of 2023 30.11.2023 Pg.No.6/6