Derik Monofile (P) Limited v. Tamil Nadu Power Distribution Corporation Limited (Tnpdcl)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19397 of 2025 and W.M.P(MD) No.14917 of 2025 Derik Monofile (P) Limited, No.12-98, b Ananthanadar Kudy, Ananthanadarkudy Post, Nagercoil - 629 001, Kanyakumari District, represented by its authorised Signature S.Rajavel ... Petitioner Vs.
1.Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 10th Floor, 144, Anna Salai, Chennai - 600002.
Rep. by its Chairman and Managing Director.
2.The Executive Engineer, TNPDCL, Nagercoil Electricity Distribution Circle, Nagercoil.
...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondents impugned order in LR.No.
EE/DNGL/TAII/F.DKT/ D.No.317/2025 dated 25.02.2025 quash the same as 1/6
illegal, arbitrary, without authority of law, contrary to the provisions of Electricity Act, 2003 and against the 1st respondent circular memo dated 23.01.2014 and consequently direct the Respondents to effect additional demand of 100 KVA vide application dated 07.01.2025 on payment of necessary charges.
For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.Deenadhayalan Standing Counsel
ORDER
This Writ Petition is disposed of at the time of admission after hearing the learned counsel appears for the petitioner and the learned Standing Counsel for the respondents.
2. The petitioner is before this Court against the impugned order of the second respondent, dated 25.02.2025 bearing reference LR.No.EE/DNGL/TAII/F.DKT/ D.No.317/2025. By the said impugned order, the petitioner has been advised to withdraw the Writ Petition in WP(MD) No. 711 of 2019 filed in respect of the challenge made by the petitioner against the order of the first respondent therein/the Superintending Engineer/Appellate Authority, TANGEDCO, Tirunelveli, dated 28.12.2018 bearing reference in 2/6
Lr.No.SE/O/TIN/EA/AE/F.HT SC Enq/D.No.1946/2018. The said Writ Petition is pending as on date. The order in W.P(MD) No.711 of 2019, dated 11.01.2019, indicates that the petitioner had already deposited over and above Rs.8,00,000/- and the petitioner was asked to deposit another Rs.4,00,000/-.
3. Both the learned counsel for the petitioner and the learned Standing counsel for the respondents also confirmed that the petitioner has to deposit Rs.16,92,534/ and he has deposited a sum of Rs.12,46,500/- leaving a balance of Rs.4,46,034/-.
4. The learned counsel for the petitioner would submit that there is no justification in the impugned order, dated 2502.2025, as it is clearly contrary to the mandate of the order passed by the Chairman and Managing Director /the First respondent herein in his proceedings dated 23-01-2014, bearing reference Memo. No.EC/Coml/EET/AEE.2/F.Consumers with arrears/D.28/13, wherein, it has been clarified as under:
(iii) When the consumenrs having outstanding dues approach TANGEDCO for their various requests and if there is an order of stay, injunction etc granted by the Court restraining the TANGEDCO from collecting such 3/6
outstanding dues, the consumers should not be insisted to remit such outstanding dues covered by stay as a condition precedent to process/allow their requests. Such request of the consumenrs shall be processed and thereafter a report is to be sent duly stating the full and complrete details of the case such as brief history of case, actual date of filing of a counter affidavit together with vacate stay / injuction petition, number assigned by the registry of the Court on such vacate stay / injunction petition and the action taken to list such vacate stay / injunction petition for early heaing in consultation with the Standing Counsel / Government Pleader / Advocate on behalf of the TANGEDCO and subsequent developments that took place in such cases etc., with connected records.
5. Reading of the above communication indicates that there is no justification in the impugned order, dated 25.02.2025 bearing reference LR.No. EE/DNGL/TAII/F.DKT/D.No.317/2025 of the second respondent.
6. Considering the above, the impugned order dated 25.02.2025 is quashed, with a consequential direction to the respondents to provide the additional load to the petitioner, as the petitioner has already paid the requisite 4/6
charges for the same. This order is passed without prejudice to the rights of the petitioner and the respondents in W.P.(MD) No.711 of 2019.
7. With the above directions, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 10th Floor, 144, Anna Salai, Chennai - 600002.
Rep. by its Chairman and Managing Director.
2.The Executive Engineer, TNPDCL, Nagercoil Electricity Distribution Circle, Nagercoil.
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C.SARAVANAN, J.
Indu W.P(MD).No.19397 of 2025 17.07.2025 6/6