High Court · 2025

W.P(MD)Nos.23552, 23605 and 23636 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 29.08.2025CORAM THE HONOURABLE MR.JUSTICE C.SARAVANANW.P(MD)Nos.23552, 23605 and 23636 of 2025andW.M.P(MD)Nos.18497 and 18549 of 2025W.P(MD)No.23552 of 2025Subburaj Cotton Mills (P) Limited,H.T. SC No.59Srivilliputhur Road,Rajapalayam – 626 117,Virudhunagar District,Rep by its Manager, T.Lakshmanan ... PetitionerVs.1.Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 10th Floor, 144, Anna Salai, Chennai-600 002. Represented by its Chairman and Managing Director.2.The Superintending Engineer, TNPDCL, Virudhunagar Electricity Distribution Circle, Virudhunagar.3.The Assistant Engineer, TNPDCL, Pudikasuvaithanpatti, Virudhunagar Electricity Distribution Circle, Virudhunagar. ...Respondents1/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to provide the check meter near the main gate of the Petitioner's industry by constructing a cable duct with UG cable, vide the Petitioner's application dated 07.02.2025 as per the first respondent's circular memo dated 23.01.2014, on payment of the necessary charges. For Petitioner : Mr.S.P.ParthasarathyFor Respondents : Mr.S.Deenadhayalan Standing Counsel W.P(MD)No.23605 of 2025Subburaj Cotton Mills (P) Limited,H.T. SC No.59Srivilliputhur Road,Rajapalayam – 626 117,Virudhunagar District,Rep by its Manager, T.Lakshmanan ... PetitionerVs.1.Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 10th Floor, 144, Anna Salai, Chennai-600 002. Represented by its Chairman and Managing Director.2.The Superintending Engineer, TNPDCL, Virudhunagar Electricity Distribution Circle, Virudhunagar. ...Respondents2/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to commission/energize the petitioners 0.85 MW Rooftop Solar Plant as per the approval dated 01.02.2025. For Petitioner : Mr.S.P.ParthasarathyFor Respondents : Mr.S.Deenadhayalan Standing Counsel W.P(MD)No.23636 of 2025Subburaj Cotton Mills (P) Limited,H.T. SC No.59Srivilliputhur Road,Rajapalayam – 626 117,Virudhunagar District,Rep by its Manager, T.Lakshmanan ... PetitionerVs.1.Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 10th Floor, 144, Anna Salai, Chennai-600 002. Represented by its Chairman and Managing Director.2.The Superintending Engineer, TNPDCL, Virudhunagar Electricity Distribution Circle, Virudhunagar. ...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to effect additional load of 200 KVA over and above the existing sanctioned 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 2025demand of 3100 KVA vide the petitioner's application dated 30.06.2025 as per the first respondent's circular memo dated 23.01.2014 on payment of the necessary charges on payment of necessary charges within a stipulated time. For Petitioner : Mr.S.P.ParthasarathyFor Respondents : Mr.S.Deenadhayalan Standing Counsel COMMON ORDERIn these writ petitions, the petitioner has sought for the following relief:W.P(MD)No.Prayer 23552/2025To direct the second respondent to provide the check meter near the main gate of the Petitioner's industry by constructing a cable duct with UG cable, vide the Petitioner's application dated 07.02.2025 as per the first respondent's circular memo dated 23.01.2014, on payment of the necessary charges.Check meter23605/2025To direct the second respondent to commission/energize the petitioners 0.85 MW Rooftop Solar Plant as per the approval dated 01.02.2025.Rooftop solar plant23636/2025To direct the second respondent to effect additional load of 200 KVA over and above the existing sanctioned demand of 3100 KVA vide the petitioner's application dated 30.06.2025 as per the first respondent's circular memo dated 23.01.2014 on payment of the necessary charges on payment of necessary charges within a stipulated time.Additional load of 200 KVA4/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 20252. The learned counsel for the petitioner submits that in respect of other industrial consumer, an order was passed by the Executive Engineer, TNPDCL, Nagercoil Electricity Distribution Circle, in W.P(MD)No.19397 of 2025, wherein a challenge was made to the proceedings dated 25.02.2025. In that case, the following clarification was recorded:4. The learned counsel for the petitioner would submit that there is no justification in the impugned order, dated 25.02.2025, 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 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. 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 20253. In view of the same, this Court in WP(MD)No.19397 of 2025 has ordered as under: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 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. 4. In this case, although no order has been passed by the respondents so far, it is apprehended that the respondents will be resorted to the same reasoning to reject the petitioner's application.5. Considering the same, these writ petitions stand disposed of by directing the respondents to provide the necessary facilities sought for in these writ petitions. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. The petitioner shall pay 6/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 2025necessary charges for extending the facilities sought for. No costs. Consequently, the connected miscellaneous petitions are closed. 29.08.2025NCC : Yes / NoIndex : Yes / NoInternet : Yes / NosnTo1.Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 10th Floor, 144, Anna Salai, Chennai-600 002. Represented by its Chairman and Managing Director.2.The Superintending Engineer, TNPDCL, Virudhunagar Electricity Distribution Circle, Virudhunagar.3.The Assistant Engineer, TNPDCL, Pudikasuvaithanpatti, Virudhunagar Electricity Distribution Circle, Virudhunagar.7/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 2025C.SARAVANAN, J. sn W.P(MD)Nos.23552, 23605and 23636 of 2025 8/9 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.23552, 23605 and 23636 of 202529.08.20259/9