REPD. BY ITS AUTHORIZED SIGNATORY v. GOPAL

W.P.Nos. 10217, 10228 & 10233 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.03.2025CORAM:THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHYW.P.Nos. 10217, 10228 & 10233 of 2025andW.M.P.Nos.11491, 11506 & 11516 of 2025W.P.Nos. 10217 of 2025M/S.VENBRO POLYMERS,304, BHAVANI MAIN ROAD, ERODE – 638 004.REPD. BY ITS AUTHORIZED SIGNATORY V. GOPAL... Petitioner Vs1.TAMIL NADU ELECTRICITY REGULATORY COMMISSION,4TH FLOOR, SIDCO BUILIDNG, THIRU VI KA INDUSTRIAL ESTATE, GUINDY, CHENNAI – 600 032, REPRESENTED BY ITS SECRETARY.2.TAMILNADU POWER DISTRIBUTION CORPORATION LIMITED,(TNPDCL)10TH FLOOR. 144, ANNA SALAI, CHENNAI – 600 002, REPRESENTED BY ITS MANAGING DIRECTOR. 3.DIRECTOR FINANCE,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), 144 ANNA SALAI, CHENNAI – 600 002.4.THE SUPERINTENDING ENGINEER,(TNPDCL)PALLADAM ELECTRICITY DISTRIBTION CIRCLE, PALLADAM.1/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 20255.THE SUPERINTENDING ENGINEERERODE ELECTRICITY DISTRIBTION CIRCLE, ERODE. ... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of the outstanding dues of Rs.10,38,412/- (for the year of 2019-2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.W.P.Nos. 10228 of 2025M/S.L.S. SPINNING MILLS PRIVATE LIMITED,#16, CUMBUM MAIN ROAD, MUTHUTHEVANPATTI, THENI – 625 534.REPD. BY AUTHORIZED SIGNATORYV.PANDY (AGM - ELECTRICAL)... Petitioner Vs1.TAMIL NADU ELECTRICITY REGULATORY COMMISSION,4TH FLOOR, SIDCO BUILIDNG, THIRU VI KA INDUSTRIAL ESTATE, GUINDY, CHENNAI – 600 032, REPRESENTED BY ITS SECRETARY.2.TAMILNADU POWER DISTRIBUTION CORPORATION LIMITED,(TNPDCL)REP.BY ITS CHAIRMAN144, ANNA SALAI, CHENNAI – 600 002, 2/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 20253.DIRECTOR FINANCE,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), 144, ANNA SALAI, CHENNAI – 600 002.4.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), THENI ELECTRICITY DISTRIBTION CIRCLE, THENI.5.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), TIRUNELVELI ELECTRICITY DISTRIBTION CIRCLE, TIRUNELVELI. ... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner H.T.SC.No.059094760048 until the respondents make payment of the outstanding dues of Rs.17,72,292/- (for the year of 2022-2023) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.W.P.Nos. 10233 of 2025M/S.SHREE PALANI ANDAVAR ALLOYS & STEELS (P) LTD.S.F.NO. 304/1 & 304/2,PANIYAMPALLI, CHENNIMALAI VILLAGE, ERODE – 638 051, REPD. BY ITS AUTHORIZED SIGNATORY SUBRAMANIAN... Petitioner Vs1.TAMIL NADU ELECTRICITY REGULATORY COMMISSION,3/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 20254TH FLOOR, SIDCO BUILIDNG, THIRU VI KA INDUSTRIAL ESTATE, GUINDY, CHENNAI – 600 032, REPRESENTED BY ITS SECRETARY.2.TAMILNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL)10TH FLOOR. 144, ANNA SALAI, CHENNAI – 600 002, REPRESENTED BY ITS MANAGING DIRECTOR. 3.DIRECTOR FINANCE,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), 144 ANNA SALAI, CHENNAI – 600 002.4.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED,(TNPDCL), KARUR ELECTRICITY DISTRIBTION CIRCLE, KARUR.5.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), ERODE ELECTRICITY DISTRIBTION CIRCLE, ERODE. ... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents make payment of the outstanding dues of Rs.6,29,025/- (for the year fromm July 2024, September and November 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.S.P.Parthasarthy4/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 2025( In all W.Ps.)For Respondent : Mr.Syed Sibgatullah (in W.P.Nos.10217 and 10233 of 2025)For Respondent : Mr.S.Mathusuthanan (in W.P.No. 10228 of 2025)COMMON ORDERThese Writ Petitions are filed for a Writ of Mandamus forbearing the respondents, their men and agents from collecting the consumption charges, demand charges and any arrears from the petitioners until the payment of the outstanding dues of Rs.10,38,412/-, Rs.6,29,025/- and Rs.17,72,292/- respectively payable to the petitioners or give an adjustment in the current consumption and other charges of the petitioner.2. When the matters are taken up for hearing, both sides learned Counsel are at idem that the matters are no longer res integra and that orders were passed in similar Writ Petitions and one such order was passed in W.P.No.5623 of 2025 on 18.02.2025. Paragraph Nos.2 and 3 of the said order are extracted hereunder:-"2. When the matter came up for admission, the learned counsel for both sides would submit that the matter is no longer res integra and in several matters, this Court has passed earlier orders. It can be seen that in 5/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 2025one such order in W.P.No.38309 of 2024, the writ petition is disposed of on the following terms and the entire order from paragraph No. 2 to 8 is extracted hereunder:-"2. 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.35,41,322/- payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.3. It is the case of the petitioner that it involves in the manufacture of yarn Products having High Tension Electricity Supply 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.4. As per the details furnished by the 4th respondent, the petitioner supplied energy to the respondents for value of Rs.35,41,322/- upto March-2024. 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 26.04.2024 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.5. Heard the argument of learned counsel appearing for the petitioner and Mr.Syed Sibuthullah, learned Standing Counsel (TNEB), who is taking notice for the respondents. 6. 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 6/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 2025with the following directions:- (a) In all those cases where the TANGEDCO has acted upon the interim orders passed by this 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 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."7. Therefore, this Court is also inclined to pass similar order by directing the respondents 2 to 5 to adjust the amount of Rs.35,41,322/- payable by the respondents to the petitioner towards the electricity supplied 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 7/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 2025petitioner.8. With this direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition closed."3. Accordingly, this writ petition shall stands disposed of on the same terms. Consequently, connected miscellaneous petition is closed. No costs."3. In view there of, these Writ Petitions are also disposed of on the same terms. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.21.03.2025Neutral Citation: Yes/NonslTo1.THE SECRETARY,TAMIL NADU ELECTRICITY REGULATORY COMMISSION,4TH FLOOR, SIDCO BUILIDNG, THIRU VI KA INDUSTRIAL ESTATE, GUINDY, CHENNAI – 600 032, 2.THE MANAGING DIRECTOR,TAMILNADU POWER DISTRIBUTION CORPORATION LIMITED,(TNPDCL)10TH FLOOR. 144, ANNA SALAI, CHENNAI – 600 002, 3.DIRECTOR FINANCE,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), 144 ANNA SALAI, CHENNAI – 600 002.4.THE SUPERINTENDING ENGINEER,(TNPDCL)PALLADAM ELECTRICITY DISTRIBTION CIRCLE, 8/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 2025PALLADAM.5.THE CHAIRMANTAMILNADU POWER DISTRIBUTION CORPORATION LIMITED,(TNPDCL)144, ANNA SALAI, CHENNAI – 600 002, 6.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), TIRUNELVELI ELECTRICITY DISTRIBTION CIRCLE, TIRUNELVELI.7.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), THENI ELECTRICITY DISTRIBTION CIRCLE, THENI.8.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED,(TNPDCL), KARUR ELECTRICITY DISTRIBTION CIRCLE, KARUR.9.THE SUPERINTENDING ENGINEER,TAMLNADU POWER DISTRIBUTION CORPORATION LIMITED, (TNPDCL), ERODE ELECTRICITY DISTRIBTION CIRCLE, ERODE.D.BHARATHA CHAKRAVARTHY, J.nsl9/10 https://www.mhc.tn.gov.in/judis W.P.Nos. 10217, 10228 & 10233 of 2025W.P.Nos. 10217, 10228 & 10233 of 202521.03.202510/10