High Court · 2025

W.P.No.26137 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.07.2025CORAM:THE HONOURABLE MR. JUSTICE N.ANAND VENKATESHW.P.No.26137 of 2025andW.M.P.No.29424 of 2025M/s.Mothi Spinner P LtdReg office 108, Komarapalayam Main Road,Pallipalayam, Erode – 637 006Represented by its Authorised SignatoryG.Kannan... Petitioner Vs1. Tamil Nadu Electricity Regulatory Commission represented by its Secretary 4th Floor, SIDCO Building, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 0322. Tamil Nadu Power Distribution Corporation Limited, (TNPDCL) 10th Floor, 144, Annasalai, Chennai – 600 002 Represented by its Managing Director3. Director Finance, Tamil Nadu Power Distribution Corporation Limited, 144, Anna Salai, Chennai 600 0024. The Superintending Engineer, TNPDCL, Namakkal Electricity Distribution Circle, Namakkal1/8 https://www.mhc.tn.gov.in/judis W.P.No.26137 of 20255. The Superintending Engineer, TNPDCL, Palladam Electricity Distribution Circle, Palladam ... 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 makes payment of the outstanding dues of Rs.8,19,774/- (for the year of 2023 TO 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.R.S.PandiyarajFor R1 to R5 : Mr.L.Jaivenkatesh (TANGEDCO) ORDERThis writ petition is filed with a prayer to forbear the respondents and their men agents from collecting current consumption charges, demand charges and any arrears from the petitioner until the respondents makes payment of the outstanding dues of Rs.8,19,774/- (for the year of 2023 TO 2024) payable to the Petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.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 one such 2/8 https://www.mhc.tn.gov.in/judis W.P.No.26137 of 2025order 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 3/8 https://www.mhc.tn.gov.in/judis W.P.No.26137 of 2025statement 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 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 4/8 https://www.mhc.tn.gov.in/judis W.P.No.26137 of 2025petitions 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 5/8 https://www.mhc.tn.gov.in/judis W.P.No.26137 of 2025towards 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 petitioner.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 in similar terms with a direction to the respondents to adjust the amount of Rs.8,19,774/- (for the year of 2023 TO 2024) payable by the respondents to the petitioner towards the electricy 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 chages, demand charges etc., payable by the petitioner. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.26137 of 202517.07.2025Index : Yes/NoInternet : Yes/NoNeutral Citation: Yes/NorkaTo1. Tamil Nadu Electricity Regulatory Commission represented by its Secretary 4th Floor, SIDCO Building, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 0322. Tamil Nadu Power Distribution Corporation Limited, (TNPDCL) 10th Floor, 144, Annasalai, Chennai – 600 002 Represented by its Managing Director3. Director Finance, Tamil Nadu Power Distribution Corporation Limited, 144, Anna Salai, Chennai 600 0024. The Superintending Engineer, TNPDCL, Namakkal Electricity Distribution Circle, Namakkal5. The Superintending Engineer, TNPDCL, Palladam Electricity Distribution Circle, Palladam N.ANAND VENKATESH, J.rka7/8 https://www.mhc.tn.gov.in/judis W.P.No.26137 of 2025W.P.No.26137 of 202517.07.20258/8