etc., batch in the case of M/s.Rajaguru Spinning Mills P. Ltd v. The Tamil Nadu Electricity Regulatory Commission, in identical circumstances whic
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IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22.10.2024CORAM:THE HON'BLE MR.JUSTICE M.DHANDAPANIW.P.No.31338, 31340, 31344 & 31349 of 2024and WMP.Nos.29602, 29605 & 29606 of 2024Arun Textiles Pvt. Ltd.,80 Perumal Koil Street,Tiruppur,Rep. By its Electrical Manager A.S.Dhamodharan. ...Petitioner in W.P.no.31338 of 2024M/s.Sri Venkateshwara spinning Mills Pvt. Ltd.,HTSC. No.039094390412,S.F.No.201/1, 201/4, 201/5 Muthur Road,Veernampalayam Post, Kangayam, Tiruppur,Rep. By its Authorized Signatory S.Rameshkumar ...Petitioner in W.P.no.31340/2024GK Wind Farms India P. Ltd.,24-K Jagadish Nagar,Seeranaickenpalayam Post,Coimbatore,Rep. By its Authorized Signatory V.Krishnan. ...Petitioner in W.P.no.31344/2024Pacific Granites India P. Ltd.,Nallaganakothapalli Village,Shoolagiri Taluk, Hosur,Rep. By its Authorized Signatory K.Venkatasubramani. ...Petitioner in W.P.no.31349/2024Vs.1.Tamilnadu Electricity Regulatory Commission, Rep. By its Secretary,1/8 https://www.mhc.tn.gov.in/judis 19-A, Rukminilakshmipathy Salai,(Marshall's Road),Egmore, Chennai-8.2. The Chairman,Tamilnadu Generation & Distribution Corporation Ltd.,No.144, Anna Salai, Chennai – 600 002.3.The Director (Finance),Tamilnadu Generation and Distribution Corporation Ltd.,No.144, Anna Salai, Chennai – 600 002.... Respondents 1 to 3 in all the writ petitions4.The Superintending Engineer, TANGEDCO,Gobi Electricity Distribution Circle,Gobi5.The Superintending Engineer, TANGEDCO,Tirunelveli Electricity Distribution Circle,Tirunelveli ...Respondents 4 and 5 in W.P.no.31338/20244.The Superintending Engineer, TANGEDCO,Palladam Electricity Distribution Circle,Palladam.5. The Superintending Engineer, TANGEDCO,Tirunelveli Electricity Distribution Circle,Tirunelveli. ...Respondents 4 and 5 in W.P.no.31340 of 20244.The Superintending Engineer, TANGEDCO,Palladam Electricity Distribution Circle,Palladam.2/8 https://www.mhc.tn.gov.in/judis
5.The Superintending Engineer, TANGEDCO,Udumalpet Electricity Distribution Circle,Udumalpet. ...Respondents 4 and 5 in W.P.no.31344/20244.The Superintending Engineer, TANGEDCO,Krishnagiri Electricity Distribution Circle,Krishnagiri.5.The Superintending Engineer, TANGEDCO,Tuticorin Electricity Distribution Circle,Tuticorin. ...Respondents 4 and 5 in W.P.no.31349/2024Prayer in W.P.no.31338 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner HT.SC.No.049094360033 until the respondents make payment of the outstanding dues of Rs.5,16,388/- (for the year of 2022-2023) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.Prayer in W.P.no.31340 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner bearing HTSC.No.039094390412 until the respondents make payment of the outstanding dues of Rs.30,66,997/- (for the year of 2023-2024) payable to 3/8 https://www.mhc.tn.gov.in/judis the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.Prayer in W.P.no.31344 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the captive consumer M/s. Sandfits Foundries P. Ltd., is having HTSC No.039094390299 until the respondents make payment of the outstanding dues of Rs.2,85,013/- (for the year of 2019-2020-2023-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.Prayer in W.P.no.31349 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a 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.20,09,959/- (for the year of 2023-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.For Petitioner : Mr.R.S.Pandiyaraj in all the W.P.s'For Respondents : Mr.S.Madhusudhanan4/8 https://www.mhc.tn.gov.in/judis for W.P.No.31349/2024Mr.L.Jaivenkateshfor W.P.No.30887, 31344 & 31340of 2024Mr.Syed Sibghatullafor W.P.No.31338/2024COMMON ORDERThese Writ petitions have been filed by the petitioners seeking to forbear 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 respective outstanding dues payable to the petitioners to give adjustment in the current consumption charges payable by the petitioners till the entire outstanding amount is adjusted.2. When the matters were taken up for hearing, the learned counsel for the petitioners submitted that the issue involved in the present Writ petition 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 this petition as well. Learned counsel appearing for the respondents has not 5/8 https://www.mhc.tn.gov.in/judis 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 and6/8 https://www.mhc.tn.gov.in/judis (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.P.s' are closed.22.10.2024rliTo:1.Tamilnadu Electricity Regulatory Commission, Rep. By its Secretary,19-A, Rukminilakshmipathy Salai,(Marshall's Road),Egmore, Chennai-8.2. The Chairman,Tamilnadu Generation & Distribution Corporation Ltd.,(TANGEDCO),No.144, Anna Salai, Chennai – 600 002.7/8 https://www.mhc.tn.gov.in/judis M.DHANDAPANI , J. rli3.The Director (Finance),Tamilnadu Generation and Distribution Corporation Ltd.,No.144, Anna Salai, Chennai – 600 002.4.The Superintending Engineer, TANGEDCO,Gobi Electricity Distribution Circle,Gobi5.The Superintending Engineer, TANGEDCO,Tirunelveli Electricity Distribution Circle,Tirunelveli6. The Superintending Engineer, TANGEDCO,Palladam Electricity Distribution Circle,Palladam.7.The Superintending Engineer, TANGEDCO,Udumalpet Electricity Distribution Circle,Udumalpet. 8.The Superintending Engineer, TANGEDCO,Krishnagiri Electricity Distribution Circle,Krishnagiri.9.The Superintending Engineer, TANGEDCO,Tuticorin Electricity Distribution Circle,Tuticorin. W.P.No.31338, 31340, 31344 & 31349 of 202422.10.20248/8
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22.10.2024CORAM:THE HON'BLE MR.JUSTICE M.DHANDAPANIW.P.No.31338, 31340, 31344 & 31349 of 2024and WMP.Nos.29602, 29605 & 29606 of 2024Arun Textiles Pvt. Ltd.,80 Perumal Koil Street,Tiruppur,Rep. By its Electrical Manager A.S.Dhamodharan. ...Petitioner in W.P.no.31338 of 2024M/s.Sri Venkateshwara spinning Mills Pvt. Ltd.,HTSC. No.039094390412,S.F.No.201/1, 201/4, 201/5 Muthur Road,Veernampalayam Post, Kangayam, Tiruppur,Rep. By its Authorized Signatory S.Rameshkumar ...Petitioner in W.P.no.31340/2024GK Wind Farms India P. Ltd.,24-K Jagadish Nagar,Seeranaickenpalayam Post,Coimbatore,Rep. By its Authorized Signatory V.Krishnan. ...Petitioner in W.P.no.31344/2024Pacific Granites India P. Ltd.,Nallaganakothapalli Village,Shoolagiri Taluk, Hosur,Rep. By its Authorized Signatory K.Venkatasubramani. ...Petitioner in W.P.no.31349/2024Vs.1.Tamilnadu Electricity Regulatory Commission, Rep. By its Secretary,1/8 https://www.mhc.tn.gov.in/judis 19-A, Rukminilakshmipathy Salai,(Marshall's Road),Egmore, Chennai-8.2. The Chairman,Tamilnadu Generation & Distribution Corporation Ltd.,No.144, Anna Salai, Chennai – 600 002.3.The Director (Finance),Tamilnadu Generation and Distribution Corporation Ltd.,No.144, Anna Salai, Chennai – 600 002.... Respondents 1 to 3 in all the writ petitions4.The Superintending Engineer, TANGEDCO,Gobi Electricity Distribution Circle,Gobi5.The Superintending Engineer, TANGEDCO,Tirunelveli Electricity Distribution Circle,Tirunelveli ...Respondents 4 and 5 in W.P.no.31338/20244.The Superintending Engineer, TANGEDCO,Palladam Electricity Distribution Circle,Palladam.5. The Superintending Engineer, TANGEDCO,Tirunelveli Electricity Distribution Circle,Tirunelveli. ...Respondents 4 and 5 in W.P.no.31340 of 20244.The Superintending Engineer, TANGEDCO,Palladam Electricity Distribution Circle,Palladam.2/8 https://www.mhc.tn.gov.in/judis
5.The Superintending Engineer, TANGEDCO,Udumalpet Electricity Distribution Circle,Udumalpet. ...Respondents 4 and 5 in W.P.no.31344/20244.The Superintending Engineer, TANGEDCO,Krishnagiri Electricity Distribution Circle,Krishnagiri.5.The Superintending Engineer, TANGEDCO,Tuticorin Electricity Distribution Circle,Tuticorin. ...Respondents 4 and 5 in W.P.no.31349/2024Prayer in W.P.no.31338 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner HT.SC.No.049094360033 until the respondents make payment of the outstanding dues of Rs.5,16,388/- (for the year of 2022-2023) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.Prayer in W.P.no.31340 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner bearing HTSC.No.039094390412 until the respondents make payment of the outstanding dues of Rs.30,66,997/- (for the year of 2023-2024) payable to 3/8 https://www.mhc.tn.gov.in/judis the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.Prayer in W.P.no.31344 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the captive consumer M/s. Sandfits Foundries P. Ltd., is having HTSC No.039094390299 until the respondents make payment of the outstanding dues of Rs.2,85,013/- (for the year of 2019-2020-2023-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.Prayer in W.P.no.31349 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a 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.20,09,959/- (for the year of 2023-2024) payable to the petitioner to give adjustment in the current consumption charges payable by the petitioner till the entire outstanding amount is adjusted.For Petitioner : Mr.R.S.Pandiyaraj in all the W.P.s'For Respondents : Mr.S.Madhusudhanan4/8 https://www.mhc.tn.gov.in/judis for W.P.No.31349/2024Mr.L.Jaivenkateshfor W.P.No.30887, 31344 & 31340of 2024Mr.Syed Sibghatullafor W.P.No.31338/2024COMMON ORDERThese Writ petitions have been filed by the petitioners seeking to forbear 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 respective outstanding dues payable to the petitioners to give adjustment in the current consumption charges payable by the petitioners till the entire outstanding amount is adjusted.2. When the matters were taken up for hearing, the learned counsel for the petitioners submitted that the issue involved in the present Writ petition 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 this petition as well. Learned counsel appearing for the respondents has not 5/8 https://www.mhc.tn.gov.in/judis 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 and6/8 https://www.mhc.tn.gov.in/judis (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.P.s' are closed.22.10.2024rliTo:1.Tamilnadu Electricity Regulatory Commission, Rep. By its Secretary,19-A, Rukminilakshmipathy Salai,(Marshall's Road),Egmore, Chennai-8.2. The Chairman,Tamilnadu Generation & Distribution Corporation Ltd.,(TANGEDCO),No.144, Anna Salai, Chennai – 600 002.7/8 https://www.mhc.tn.gov.in/judis M.DHANDAPANI , J. rli3.The Director (Finance),Tamilnadu Generation and Distribution Corporation Ltd.,No.144, Anna Salai, Chennai – 600 002.4.The Superintending Engineer, TANGEDCO,Gobi Electricity Distribution Circle,Gobi5.The Superintending Engineer, TANGEDCO,Tirunelveli Electricity Distribution Circle,Tirunelveli6. The Superintending Engineer, TANGEDCO,Palladam Electricity Distribution Circle,Palladam.7.The Superintending Engineer, TANGEDCO,Udumalpet Electricity Distribution Circle,Udumalpet. 8.The Superintending Engineer, TANGEDCO,Krishnagiri Electricity Distribution Circle,Krishnagiri.9.The Superintending Engineer, TANGEDCO,Tuticorin Electricity Distribution Circle,Tuticorin. W.P.No.31338, 31340, 31344 & 31349 of 202422.10.20248/8