M/S.Vvsr Green Energy Private Ltd v. Tamil Nadu Generation And Distribution Corporation Ltd.,(Tangedco)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.12.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH M/s. VVSR Green Energy Private Limited, Rep. by its Managing Director, C.Selvaraj, S/o. Chinniaya Gounder, No.25, Kondasamy Nagar, Press Colony, Coimbatore - 641 019.
... Petitioner Vs
1. Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO) Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Corporation Limited, No.144, Anna Salai, Chennai - 600 002.
3. The Chief Financial Controller/Revenue 7th Floor, East Wing No.144, Anna Salai, Chennai-600 002.
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4. The Superintending Engineer Gobichettipalayam Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.
6. The Superintending Engineer, Udumalpet, Tiruppur District.
... Respondents PRAYER: 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's user until the entire outstanding dues of Rs.50,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of Petitioner's Solar Power Plant in HTSC No.049514360023 is paid or give adjustment in the current consumption charges payable by Petitioner's user in HTSC No.039094320845 of Coimbatore South EDC till the entire amount is adjusted, based on the petitioner's representation dated 13.10.2023 sent to the 2nd respondent.
For Petitioner : Mr.D.Vairamoorthy For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel 2 / 5
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 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 of the outstanding dues of Rs.50,00,000/- is adjusted as against the consumption charges.
3. Ms.Shenoi would acquiesce to the position that the amount of Rs.50.00 lakhs 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.
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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.
07.12.2023 sl Index : Yes / No Speaking Order:Yes To
1. Tamil Nadu Generation & Distribution Corporation Ltd., (TANGEDCO) Represented by its Chairman & Managing Director, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Corporation Limited, No.144, Anna Salai, Chennai - 600 002.
3. The Chief Financial Controller/Revenue 7th Floor, East Wing No.144, Anna Salai, Chennai-600 002.
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DR.ANITA SUMANTH, J.
Sl
4. The Superintending Engineer Gobichettipalayam Electricity Distribution Circle, Coimbatore.
5. The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.
6. The Superintending Engineer, Udumalpet, Tiruppur District.
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