Viking Textiles P Ltd., v. Tamilnadu Electricity Regulatory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.12.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.33698, 33696, 33697 & 33859 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.33854 & 33851 of 2023 Anand Textiles HTSC No.0390943220250, 527, Avinashi Road, Tirupur-641 604 Repd. by its General Manager R.Natarajan ... Petitioner in W.P.No.33852 of 2023 NK Wind Farms India (Pvt) Ltd., No.10, Mangalam Road, Tirupur Repd. by its Authorized Signatory M.Balasubramani ... Petitioner in W.P.No.33852 of 2023 Vs
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) 1 / 8
Egmore, Chennai - 600 008
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
... Respondents in W.P.Nos.33854, 33851, 33852 & 33859 of 2023
4. The Superintending Engineer TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
... Respondent in W.P.Nos.33854, 33851 & 33859 of 2023
5. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
... Respondent in W.P.No.33854 of 2023
6. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
... Respondent in W.P.No.33851 of 2023
7. The Superintending Engineer TANGEDCO, Coimbatore/South Electricity Distribution Circle, Coimbatore.
... Respondent in W.P.No.33852 of 2023
8. The Superintending Engineer TANGEDCO, Gobi Electricity Distribution Circle, 2 / 8
GOBI.
9. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET.
... Respondents in W.P.No.33859 of 2023 PRAYER in W.P.No.33854 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent 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.7,12,160/- (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.33851 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent 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.17,00,628/- (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. 3 / 8
PRAYER in W.P.No.33852 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent 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.6,35,650/- (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.
33859 of 2023: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent 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.4,59,226/- (for the year of 2018-2019) 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 : Ms.Keerthana Shenoi for Mr.L.
C O M M O N O R D E R Ms.Keerthana Shenoi, learned counsel appearing 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.7,12,160/- (W.P.No.33854 of 2023), Rs.17,00,628/- (W.P.No.33851 of 2023), Rs.6,35,650/- (W.P.No.33852 of 2023) and Rs.4,59,226/- (W.P.No.33859 of 2023) are adjusted as against the consumption charges.
3. Ms.Keerthana Shenoi would acquiesce to the position that the amount of Rs.7,12,160/- (W.P.No.33854 of 2023), Rs.17,00,628/- (W.P.No.33851 of 2023), Rs.6,35,650/- (W.P.No.33852 of 2023) and Rs.4,59,226/- (W.P.No.33859 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 5 / 8
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, these Writ Petitions stand allowed. No costs. Connected Miscellaneous Petitions are closed. 07.12.2023 sl Index : Yes / No Speaking Order:Yes To
1. Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 19-A, RukminiLakshmipathySalai, (Marshall's Road) Egmore, Chennai - 600 008
2. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002
3. Director Finance Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.
6 / 8
4. The Superintending Engineer TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
5. The Superintending Engineer TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
6. The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli
7. The Superintending Engineer TANGEDCO, Coimbatore/South Electricity Distribution Circle, Coimbatore.
8. The Superintending Engineer TANGEDCO, Gobi Electricity Distribution Circle, GOBI.
9. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle, UDUMALPET.
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DR.ANITA SUMANTH, J.
Sl & WMP.Nos.33698, 33696, 33697 & 33859 of 2023 07.12.2023 8 / 8