Madras High Court
R.B.Wovens Pvt. Ltd. Ht Sc No.178 vs Tamil Nadu Electricity Regulatory ... on 25 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.18562 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.18562 of 2022 &
W.M.P.No.10838 of 2021
R.B.Wovens Pvt. Ltd. HT SC No.178,
No.60 Raja Street, Sanjy Nagar,
Erode – 638 011.
Represented by its Authorised Signatory G.Thangavelu ... Petitioner
vs.
1.Tamil Nadu Electricity Regulatory Commission,
Represented by its Secretary,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road),
Egmore, Chennai – 600 008.
2.The Chairman,
Tamil Nadu Generation and Distribution Corporation Limited,
144, Anna Salai, Chennai – 600 002.
3.Director Finance,
Tamil Nadu Generation and Distribution Corporation Limited,
144, Anna Salai,
Chennai – 600 002.
4.The Chief Financial Controller,
Tamil Nadu Generation and Distribution corporation Limited,
144, Anna Salai,
Chennai – 600 002.
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W.P.No.18562 of 2022
5.The Superintending Engineer,
TANGEDCO,
Erode Electricity Distribution Circle,
Erode.
6.The Superintending Engineer,
TANGEDCO,
Palladam Electricity Distribution Circle,
Palladam.
7.The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet.
8.The Superintending Engineer,
TANGEDCO,
Tirunelveli Electricity Distribution Circle,
Tirunelveli ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus forbearing the respondent and their men, agents from
collecting current consumption charges, demand charges and any arrears
from the petitioner until the respondent makes payment of the outstanding
dues of Rs.31,43,294/- (for the year of 2017-2022) payable to the petitioner
or give adjustment in the current consumption charges payable by the
petitioner till the entire amount is adjusted.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.Abul Kalam,
Standing Counsel
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W.P.No.18562 of 2022
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. The petitioner has entered into an Energy Wheeling Agreement with the respondents. According to the petitioner, the respondents have not paid the outstanding dues under the said Energy Wheeling Agreement.
According to the petitioner, the respondents are due and payable to them a sum of Rs.31,43,295/- for the year 2017-2022. Since the respondents have not paid the outstanding dues, the petitioner seeks for adjustment of the outstanding amount from and out of the current consumption charges that will have to be paid by the petitioner in future.
3. Similarly placed consumers as that of the petitioner had filed a batch of writ petitions and by order dated 28.10.2021 in W.P.No.6776/2018 batch, this Court directed the respondents to adjust the outstanding amount payable to the petitioners towards the current consumption charges/ open access charges payable by the respective petitioners in those writ petitions in the future. The petitioner herein also seeks for similar direction from this Court.
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4. The learned Standing Counsel appearing for the respondents has also not raised any serious objection, if similar direction is issued by this Court.
5. For the foregoing reasons, this Court directs the respondents to adjust the outstanding amount due and payable to the petitioner under the Energy Wheeling Agreement towards the current consumption charges/open access charges payable by the petitioner in the future. As directed in the batch of writ petitions, the respondents shall also not take any coercive steps to disconnect the electricity connection of the petitioner until the outstanding amount due and payable is completely adjusted towards the current consumption charges/ open access charges payable by the petitioner.
6. With the aforesaid direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
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1.Tamil Nadu Electricity Regulatory Commission, Represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, (Marshall's Road), Egmore, Chennai – 600 008.
2.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.
3.Director Finance, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai – 600 002.
4.The Chief Financial Controller, Tamil Nadu Generation and Distribution corporation Limited, 144, Anna Salai, Chennai – 600 002.
5.The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.
6.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.
7.The Superintending Engineer, TANGEDCO, Udumalpet Electricity Distribution Circle, Udumalpet.
8.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.
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