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Madras High CourtWP/36576/2025disposed of with direction

M/S Gomuki Blue Metals Llp v. Tamil Nadu Electricity Regulatory Commission

2025-09-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.40885 & 40892 of 2025 M/s.Gomuki Blue Metals LLP, 283, Mangalam Road, Karuvampalayam, Tirupur - 641 604, Represented by its Authorized Signatory C.Selvakumar ... Petitioner in W.P.No.36576 of 2025 ITC Limited, Paperboards and Specialty Papers Division, Unit: Kovai, Vivekanandapuram Post, Thekkampatty (Village), Coimbatore - 641 113, represented by its Authorized Signatory Mr.Kannan Aiyer ... Petitioner in W.P.No.36585 of 2025 Vs.

1.Tamil Nadu Electricity Regulatory Commission, 4th Floor, SIDCO Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600 032, Represented by its Secretary.

2.Tamil Nadu Power Distribution Corporation Ltd., Page No.1 of 6

10th Floor, 144, Anna Salai, Chennai - 600 002, Represented by its Managing Director.

3.Director Finance, Tamil Nadu Power Distribution Corporation Ltd, (TNPDCL), 144, Anna Salai, Chennai - 600 002.

... Respondents 1 to 3 in both WPs 4.The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore. 5.The Superintending Engineer, (TNPDCL), Palladam Electricity Distribution Circle, Palladam.

... Respondents 4 and 5 in W.P.No.36576 of 2025 6.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.

7.The Superintending Engineer, (TNPDCL), Coimbatore North Electricity Distribution Circle, Coimbatore.

... Respondents 4 and 5 in W.P.No.36585 of 2025 Prayer in W.P.No.36576 of 2025 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner HTSC No.039094320787 until the respondents makes payment of the outstanding dues of Rs.2,56,033/- (for the year of 2024 - 2025) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

Page No.2 of 6

Prayer in W.P.No.36585 of 2025 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 2 to 4 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.68,16,347/- (according to the petitioner for the Wind Energy surplus energy sold by the petitioner to the respondents for the financial years 2014-15 to 2021-22) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner (in both WPs) : Mr.R.S.Pandiyaraj For Respondents (in both WPs) : Mr.D.R.Arun Kumar Standing Counsel ***** COMMON ORDER Since the issue involved in these writ petitions is one and the same, with the consent of the learned counsel appearing for the parties, these writ petitions are heard together and disposed of by way of this common order.

2. When these matters were taken up for hearing today, the learned counsel for the petitioner submitted that the issue involved in the present Writ petitions is no longer res integra and the similar issue has already been decided by the learned Single Judge of this Court in W.P.Nos.6776 of 2020 etc., batch on 28.10.2021 and therefore, the same order may be passed in these petitions as well. The learned Standing Counsel appearing for the respondents has not Page No.3 of 6

disputed the facts submitted by the learned counsel for the petitioner and he has no serious objection for the said order being passed.

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 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 Page No.4 of 6

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, the connected Miscellaneous petition is closed. 23.09.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, 4th Floor, SIDCO Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600 032. 2.The Managing Director, 10th Floor, 144, Anna Salai, Chennai - 600 002. 3.The Director Finance, Tamil Nadu Power Distribution Corporation Ltd, (TNPDCL), 144, Anna Salai, Chennai - 600 002. Page No.5 of 6

M.DHANDAPANI, J.

sp 4.The Superintending Engineer, Coimbatore South Electricity Distribution Circle, Coimbatore.

5.The Superintending Engineer, (TNPDCL), Palladam Electricity Distribution Circle, Palladam.

6.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet. 7.The Superintending Engineer, (TNPDCL), Coimbatore North Electricity Distribution Circle, Coimbatore. 23.09.2025 Page No.6 of 6