M/S Sri Ranilakshmi Textiles Private Limited v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.12.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.35720, 35722, 35723, 35728, 35731 & 35736 of 2023 In W.P.No.35743 of 2023 M/s.Sri Ranilakshmi Textiles P.Ltd., S.F.No.403, Avinashi Road, Arasur (PO) Coimbatore - 641 407.
Repd. by its Authorized Signatory R.Rangaanathan ... Petitioner Vs
1. The Chairman,
2. Chief Engineer, Non-Conventional Energy Sources,
3. Director Generation, 144, Anna Salai Chennai-600 002.
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4. The Superintending Engineer Coimbatore/South Electricity Distribution Circle, Coimbatore.
... Respondents (& etc. batch) PRAYER in W.P.No.35743 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's HTSC No.039094320017 till the entire outstanding dues of Rs.10,00,000/- payable to the petitioner towards refundable security deposit in the account of the Petitioner's Solar Power Plant HTSC No.069494430035 is paid or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. W.P.No.
For Petitioner For Respondents 35743 of 2023 Mr.M.Saravanakumar Mr.Nithesh Kumar for Mr.L.Jai Venkatesh Standing Counsel 35752, 35753 and 35757 of 2023 Mr.M.Saravanakumar Mr.Syed Sibgathullah Standing Counsel 35747 and 35746 of Mr.M.Saravanakumar Mr.S.Kalaiselvan Standing Counsel C O M M O N O R D E R 2 / 6
Mr.Nithesh Kumar, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel, Mr.I.Syed Sibghatulla, learned Standing Counsel and Mr.S.Kalaiselvan, learned Standing Counsel accepts notice for the respondents and they are 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.10,00,000/- (W.P.No.35743 of 2023), Rs.10,00,000/- (W.P.No.35746 of 2023), Rs.20,00,000/- (W.P.No.35747 of 2023), Rs.50,00,000/- (W.P.No.35752 of 2023), Rs.60,00,000/- (W.P.No.35753 of 2023) and Rs.10,00,000/- (W.P.No.35757 of 2023) is adjusted as against the consumption charges.
3. Mr.Nithesh Kumar, Mr.I.Syed Sibghatulla and Mr.S.Kalaiselvan have specific instructions in these matter to the effect that the amount of Rs.10,00,000/- (W.P.No.35743 of 2023), Rs.10,00,000/- (W.P.No.35746 of 2023), Rs.20,00,000/- (W.P.No.35747 of 2023), Rs.50,00,000/- (W.P.No.35752 of 2023), Rs.60,00,000/- (W.P.No.35753 of 2023) and Rs.10,00,000/- 3 / 6
(W.P.No.35757 of 2023) as quantified by the petitioners is 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.
6. In light of the above, these Writ Petitions stand allowed. No costs. Connected Miscellaneous Petitions are closed. 22.12.2023 sl Index : Yes / No Speaking Order:Yes To
1. The Chairman,
2. Chief Engineer, Non-Conventional Energy Sources, 4 / 6
3. Director Generation, 144, Anna Salai Chennai-600 002.
4. The Superintending Engineer Coimbatore/South Electricity Distribution Circle, Coimbatore.
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DR.ANITA SUMANTH, J.
Sl & WMP.Nos.35720, 35722, 35723, 35728, 35731 & 35736 of 2023 22.12.2023 6 / 6