M/S.Ramesh Iron And Steel Company Pvt. Ltd. v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 19.12.2023
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY M/s.Ramesh Iron & Steel Company Pvt Ltd., 234 & 235, T.V.Samy Road, R.S.Puram, Coimbatore 641 002, Rep by its Authorized Signatory, C.K.Iyappan. ... Petitioner in W.P.No.35421 of 2023 M/s.AAA Textile Pvt. Ltd., 1327, PNK Mills Street, Periyakulam Road, Theni 625 531, Rep by its Authorized Signatory, K.Selvakumar.
... Petitioner in W.P.No.35425 of 2023 Vs.
1.The Chairman, 1/6
2.Chief Engineer, Non-Conventional Energy Sources, 3.The Superintendenting Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
... Respondents in both petitions Prayer:
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's Current Consumption Bills in HTSC No.039094300550, 039094320146 till the entire outstanding dues of Rs.10,00,000/- each payable to the petitioner towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.069514430073, 059514500139 respectively is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.
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For Petitioner in all petitions : Mr.S.Lakshmipathy For Respondent in all petitions : Mr.S.Enok Anand, Standing counsel COMMON ORDER Mr.Enock Anand, 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 respondent and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's Current Consumption Bills in HTSC No.039094300550 and 039094320146 till the entire outstanding dues of Rs.10,00,000/- and Rs.20,00,000/- respectively payable to the petitioner towards refundable security deposit in the account of the petitioner's Solar Power Plant HTSC No.069514430073 and 059514500139 respectively is paid or give adjustment in the current 3/6
consumption charges payable by the petitioner till the entire amount is adjusted.
3. Mr.Enock Anand would acquiesce to the position that the amount of Rs.10,00,000/- (W.P.No.35421 of 2023) and Rs.20,00,000/- (W.P.No.35425 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.
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. 4/6
6. In light of the above, these Writ Petitions stand allowed. No costs. Connected Miscellaneous Petitions are closed. 19.12.2023 Speaking/Non-speaking order Index : Yes / No nsa To 1.The Chairman, 2.Chief Engineer, Non-Conventional Energy Sources, 3.The Superintendenting Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.
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KRISHNAN RAMASAMY.J., nsa 19.12.2023 6/6