M/S.Sandfits Foundaries (P) Ltd Unit- 1 v. Tamil Nadu Electricity Regulatory Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.39766 of 2024 M/s.Sandfits foundries (P) Limited Unit-1 S.F.No.200/1A, Trichy Road, Kannampalayam Post Coimbatore-641 402 By its General Manager Kumararathinam P ... Petitioner vs.
1. Tamil Nadu Electricity Regulatory Commission rep. By its Secretary 19.-A, Rukmini Lakshmipathy Salai (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.
4. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle Udumalpet.
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5.The Superintending Engineer, TANGEDCO, Coimbatore Metro Distribution Circle, Coimbatore.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, 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 petitioners HTSC No. 039094350125 until the Respondents makes payment of the outstanding dues of Rs.31,14,610 /- (for the year of 2023 - 2024) payable to the Petitioner 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 1 to 5 : Mr.L.Jai Vemkatesh Standing Counsel for TNEB
O R D E R
The petitioner herein seeks issue of Writ of Mandamus, forbearing the respondents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of outstanding dues of Rs.31,14,610/- payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
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2. It is the case of the petitioner that it is a group captive generating wind energy and supplying such energy to their group captive consumers are having High Tension Electricity Supply with TANGEDCO and the petitioner had erected Wind Energy Generators, which generates power and the petitioner utilised the portion of the electric energy generated by it and surplus was supplied to the respondents.
3. As per the details furnished by the 4th respondent, the petitioner supplied energy to the respondents for value of Rs.31,14,610/- upto March2024. The petitioner raised invoice for encashment of the above said amount based on the applicable tariff and the same has not been honoured by the respondents. Therefore, the petitioner has come before this Court with a prayer seeking adjustment of the amount due to the petitioner from TANGEDCO/respondents 2 to 5. The petitioner submitted a representation on 22.04.2024 enclosing statement downloaded from the website of the TANGEDCO. Therefore, there is no dispute with regard to the quantum payable by TANGEDCO to the petitioner towards electricity supplied by it. 3/8
4. Heard the argument of learned counsel appearing for the petitioner and Mr.L.Jaivenkatesh, learned Standing Counsel (TNEB), who is taking notice for the respondents.
5. This Court in similar cases in W.P.No.31140 of 2024, dated 19.10.2024 batch cases, passed the following orders:- "3. The learned Single Judge of this Court, vide order dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch in the case of M/s.Rajaguru Spinning Mills P. Ltd., Vs. The Tamil Nadu Electricity Regulatory Commission, in identical circumstances which was also relied upon by the learned counsel for the petitioner held as under:- "11. In view of the above, all these Writ Petitions are Disposed of with the following directions:- (a) In all those cases where the TANGEDCO has acted upon the interim orders passed bythis Court and the entire outstanding amounts due and payable has been adjusted, those writ petitions will be rendered infructuous since the grievance of those petitioners 4/8
stands redressed;
(b) In those cases where the TANGEDCO is in the process of adjusting the outstanding amount due, such adjustment shall be continued till the entire outstanding amount is adjusted towards the current consumption charges / open access charges payable by the respective petitioners and (c) The TANGEDCO shall not take any 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."
4. In view of the above fact that the earlier Writ petitions involving similar issue being disposed of by this Court in the aforesaid terms, the present Writ Petitions also stand disposed of in terms of the above said order of this Court dated 28.10.2021 made in W.P.Nos.6776 of 2020 etc., batch. No costs. Consequently, connected M.Ps are closed."
6. Therefore, this Court is also inclined to pass similar order by directing the respondents 2 to 5 to adjust the amount of Rs.31,14,610/- payable by the respondents to the petitioner towards the electricity supplied 5/8
to them by the petitioner, with the current consumption charges, demand charges payable by the petitioner, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against the petitioner for disconnection of power supply till entire outstanding amount payable to the petitioner by respondents gets adjusted towards current consumption charges, demand charges etc., payable by the petitioner.
7. With this direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 04.12.2024 (1⁄2) Index : Yes/No Speaking order:Yes/No nr To
1. Tamil Nadu Electricity Regulatory Commission rep. By its Secretary 19.-A, Rukmini Lakshmipathy Salai (Marshall's road) Egmore, Chennai-600 008.
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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.
4. The Superintending Engineer TANGEDCO, Udumalpet Electricity Distribution Circle Udumalpet.
5.The Superintending Engineer, TANGEDCO, Coimbatore Metro Distribution Circle, Coimbatore.
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S.SOUNTHAR, J.
nr and W.M.P.No.39766 of 2024 04.12.2024 (1⁄2) 8/8