Writ petition seeking restraint on TANGEDCO from collecting current consumption and demand charges until outstanding dues of Rs.60,03,120 plus 12% interest, payable per a Supreme Court judgment in favour of the petitioner regarding energy adjustment priority, are settled. Court issued the mandamus as sought.
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2024:MHC:1291
W.P.No.6533 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2024
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.6533 of 2024 and
W.M.P.No.7263 of 2024
Century Flour Mills Private Ltd., Indian Chamber Buildings, First Floor, No.6, Esplanade, Chennai, Tamil Nadu 600 104.
.. Petitioner
vs
Distribution Corporation Ltd., (TANGEDCO), Represented by its Chairman & Managing Director, 144, Anna Salai, Chennai – 600 002.
Chennai – 600 002.
Non-Conventional Energy Sources (NCES), TANGEDCO, 2nd Floor, Eastern Wing, 144, Anna Salai, Chennai – 600 002.
4.The Superintending Engineer, TANGEDCO, Chennai EDC (Central), Chennai – 600 034.
.. Respondents
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W.P.No.6533 of 2024
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents and their men, agents not to collect current consumption charges, demand charges, and any arrears from the petitioner for the consumption in HTSC No.019094022140 till the payment or adjustment of the entire outstanding dues of Rs.60,03,120/- being the sum payable to the petitioner in furtherance of the order of the Hon'ble Supreme Court in Civil Appeal No. 15618/2017 – Tangedco Vs. Century Flour Mills Ltd., & Anr. judgment dated 26.08.2022, and pay further interest at 12% on such dues till the full payment or adjustment.
For Petitioner : Ms.Tejaswini C.B. for Mr.Rahul Balaji
For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel
O R D E R
Ms.Keerthana Shenoi, learned counsel on behalf of Mr.L.Jai Venkatesh, accepts notice for the respondents and is armed with instructions to enable final disposal even at the stage of admission.
2.The petitioner prays for a mandamus directing the respondents
not to collect current consumption charges, demand charges or arrears from the petitioner for consumption in HTSC No.019094022140 till payment or adjustment of the entire outstanding dues of a sum of Rs.60,03,120/-, relying upon a judgment of the Hon'ble Supreme Court
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W.P.No.6533 of 2024
in
in TANGEDCO v. Century Flour Mills Ltd. & Anr., in Civil Appeal No.15618 of 2017 dated 26.08.2022.
Mills Pvt Ltd , the petitioner herein, and the relevant observation of the TNERC reads as follows:
“5.7....
“Applying the above principle in this case, we order that the TANGEDCO shall first adjust the wheeled energy generated from the petitioner's WEG under REC scheme which has an adjustment or banking period of one month and then adjust the energy generated from other captive / third party generators which have a banking period of one year. The TANGEDCO is directed to revise the bill of the petitioner based on the energy adjustment priority specified in this order and settle the account within a period of three months from the date of issue of this order”.
4.Ms.Keerthana would accede to the position that this order has
attained finality and is applicable on all fours to the petitioner's case, particularly in view of the identity of the parties in the Civil Appeal before the Supreme Court and in this Writ petition. In fact, this Court, in decision dated 22.11.2022 in WP.No.29301 of 2015 in the case of Opulent Ventures Private Limited v. TANGEDCO and others has extended the ratio of the judgment of the Supreme Court in the case of
W.P.No.6533 of 2024
Century Flour Mills to other parties as well. Hence, mandamus is issued, as sought for, not to collect current consumption charges or any arrears for consumption of HTSC No.019094022140 till the outstandings, of a sum of Rs.60,03,120/- along with interest @ 12%, is exhausted.
5.This writ petition stands allowed. No costs. Connected miscellaneous petition is closed.
13.03.2024
Index:Yes/No Speaking Order Neutral Citation:Yes vs
To
1.The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Rep. By its Chairman & Managing Director, 144, Anna Salai, Chennai – 600 002.
2.Chief Financial Controller (CFC), TANGEDCO, 144, Anna Salai, Chennai – 600 002.
3.The Chief Engineer, Non-Conventional Energy Sources (NCES), TANGEDCO, 2nd Floor, Eastern Wing, 144, Anna Salai, Chennai – 600 002.
4.The Superintending Engineer,
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W.P.No.6533 of 2024
TANGEDCO, Chennai EDC (Central), Chennai – 600 034.
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W.P.No.6533 of 2024
DR. ANITA SUMANTH,J.
vs
W.P.No.6533 of 2024 and W.M.P.No.7263 of 2024
13.03.2024
6/6
1 issue framed by the court
Whether respondents should be restrained by mandamus from collecting consumption and demand charges until dues of Rs.60,03,120 with 12% interest payable under the Supreme Court order are adjusted.
Colour shows how this judgement treated each authority
TANGEDCO v. Century Flour Mills Ltd. & Anr.Applied¶3
Civil Appeal No.15618 of 2017 dated 26.08.2022
Opulent Ventures Private Limited v. TANGEDCO and othersRelied on¶4
WP.No.29301 of 2015 dated 22.11.2022
1 provisions across 1 enactments
Century Flour Mills Private Ltd.
The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO)
Chief Financial Controller (CFC), TANGEDCO
The Chief Engineer, Non-Conventional Energy Sources (NCES), TANGEDCO
The Superintending Engineer, TANGEDCO, Chennai EDC (Central)
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
