Allowed

M/S.M/S.Scm Silks (Pvt) Ltd. v. Tamilnadu Electricity Regulatory Commission

Madras HC13 Dec 2024WP/38314/2024

Case brief

AI extract

What is this about?

Petitioner textile manufacturer sought writ against TANGEDCO for adjustment of outstanding electricity dues of Rs.24 lakhs against current charges. Court followed a prior batch order directing TANGEDCO to adjust unpaid dues off current bills and prohibiting power disconnection.

What did the court decide?

Respondents must adjust outstanding dues of Rs.24,08,553/- towards petitioner's current charges and not disconnect power supply until adjustment is complete.

M/S.M/S.Scm Silks (Pvt) Ltd. Vs Tamilnadu Electricity… — Company and Corporate | Madras HC (2024)

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W.P.No.38314 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.38314 of 2024 and

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W.M.P.No.41479 of 2024

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M/s.SCM Silks Private Limited

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HRSC No.059094630145

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No.38, Perumal Maistry Street Madurai-625 001-

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Rep by its Authorised Signatory P.Manickam

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... Petitioner

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vs.

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1.The Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 1-A, Rukmini Lakshmipathy Salai, (Marshall's Road)

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Egmore, Chennai – 600 008

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2.The Chairman,

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Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002

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3.Director (Finance) Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002.

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4.The Superintending Engineer TANGEDCO,

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Madurai Metro Electricity Distribution Circle Madurai.

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https://www.mhc.tn.gov.in/judis

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5.The Superintending Engineer TANGEDCO, Tirunelveli Electricity Distribution Circle Tirunelveli. ... Respondents

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PRAYER: Writ Petition is 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 makes payment of the outstanding dues of Rs.24,08,553/- (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.

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For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.Madhusudhanan Standing Counsel O R D E R

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By consent of both the learned counsel appearing for the petitioner as

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well as respondents, this writ petition is disposed of at the admission stage

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itself.

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The petitioner herein seeks issue of Writ of Mandamus, forbearing

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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.24,08,553/- p ayable to the petitioner or give adjustment in the current consumption charges payable by the petitioner

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till the entire amount is adjusted.

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It is the case of the petitioner that it involves in the manufacture of textile 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.

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As per the details furnished by the 4^th respondent, the petitioner supplied energy to the respondents for value of Rs.24,08,553/- upto March2023. 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 24.08.2023 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.

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and

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W.P.No.38314 of 2024

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Heard the argument of learned counsel appearing for the petitioner

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and Mr.S.Madhusudhanan, learned Standing Counsel (TNEB), who is taking notice for the respondents.

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This Court in similar cases in W.P.No.31140 of 2024, dated

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19.10.2024 batch cases, passed the following orders:-

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“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:-

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“11. In view of the above, all these Writ Petitions are Disposed of with the following directions:-

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(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;

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(b) In those cases where the TANGEDCO is in the process of adjusting the outstanding amount due, such

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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

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(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.”

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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.”

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Therefore, this Court is also inclined to pass similar order by directing the respondents 2 to 5 to adjust the amount of Rs.24,08,553/- 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

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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.

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With this direction, the Writ Petition stands disposed of. No costs.

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Consequently, the connected writ miscellaneous petition closed.

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13.12.2024 (3/5)

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No nr

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1.The Tamil Nadu Electricity Regulatory Commission repd. By its Secretary, 1-A, Rukmini Lakshmipathy Salai, (Marshall's Road) Egmore, Chennai – 600 008

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2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002

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S.SOUNTHAR, J.

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