High Court · 2025

W.P.No.49507 of 2025IN THE IN THE HIGH COURT OF JUDICATURE AT MADRASOF JUDICATU MADRASDated: 19.12.2025C O R A MTHE HONOURABLE MR.JUSTICE N. SATHISH KUMARW.P.No.49507 of 2025&W.M.P.No.55314 of 2025M/s.ANS Oxygen Pvt. Ltd.,Registered Office No.2/221, GNT RoadPanjetti Village, Ponneri Taluk – 601 204Represented by its Authorized Signatory A.Venkatachalam... Petitioner Vs1.Tamil Nadu Electricity Regulatory Commission,4th Floor, SIDCO Building,Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032 Represented by its Secretary2.Tamil Nadu Power Distribution Corporation Ltd,(TNPDCL), 10th Floor144, 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 0024.The Superintending Engineer (TNPDCL) Chennai North Distribution Circle Chennai1/7 https://www.mhc.tn.gov.in/judis W.P.No.49507 of 20255.The Superintending Engineer (TNPDCL), Tirunelveli Electricity Distribution Circle Tirunelveli..Respondent(s)Writ Petition filed under Art. 226 of Constitution of India for 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 HTSC No.019094041473 until the respondents makes payment of the outstanding dues of Rs.12,20,546 /- (for the year of 2019 to 2025) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.For Petitioner(s): Mr.R.S. PandiyarajFor Respondent(s): Mr.L.Jaivenkatesh Standing counsel 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.12,20,546 /- (for the year of 2019 to 2025) payable to the petitioner or to give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.2/7 https://www.mhc.tn.gov.in/judis W.P.No.49507 of 20252. When the matter came up for admission, the learned counsel on both sides would submit that the matter is no longer res integra and in several matters, this Court has passed orders and in one such order in W.P.No.38309 of 2024, the writ petition was disposed of on the following terms :“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 3/7 https://www.mhc.tn.gov.in/judis W.P.No.49507 of 2025the 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 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 petitioner.8. With this direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition closed.”4/7 https://www.mhc.tn.gov.in/judis W.P.No.49507 of 2025 3. Accordingly, this writ petition stands disposed of in similar terms with a direction to the respondents to adjust the amount of Rs.12,20,546 /- (for the year of 2019 to 2025) 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 petitioner. Consequently, the connected miscellaneous petition is closed. No costs. 19.12.2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/Nogpa5/7 https://www.mhc.tn.gov.in/judis W.P.No.49507 of 2025To1.Tamil Nadu Electricity Regulatory Commission,4th Floor, SIDCO Building,Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai~600 032 Represented by its Secretary2.Tamil Nadu Power Distribution Corporation Ltd,(TNPDCL), 10th Floor144, 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 0024.The Superintending Engineer (TNPDCL) Chennai North Distribution Circle Chennai5.The Superintending Engineer (TNPDCL), Tirunelveli Electricity Distribution Circle Tirunelveli6/7 https://www.mhc.tn.gov.in/judis W.P.No.49507 of 2025N. SATHISH KUMAR, JgpaW.P.No.49507 of 202519.12.20257/7