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2025 DAILYLAW 88550 (MAD)

M/S. SHRIVEL HITECH RICE INDUSTRIES v. TAMILNADU ELECTRICITY REGULATORY COMMISSION

WP/31575/2025 · 2025-08-21

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 31575 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-08-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 31575 of 2025 AND WP NO. 31581 OF 2025,WP NO. 31586 OF 2025 1. M/s. Shrivel Hitech Rice Industries 331/2,Kadaiyur, Kangayam-638 701,Tiruppur District, Repd By Its Proprietor S.Vijayakumar Petitioner(s) Vs 1. Tamilnadu Electricity Regulatory Commission Rep by its secretary, 19-A Rukmini Lakshmipathy Salai(Marshalls Road), Egmore Chennai-600 008 2.The Chairman Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 3.Director Finance Tamil Nadu Power Distribution Corporation Ltd (tnpdcl) 144, Anna https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 Salai, Chennai- 600 002 . 4.The Superintending Engineer (TNPDCL), Palladam Electricity Distribution Circle, Palladam 5.The Superintending Engineer (TNPDCL), Dindigul Electricity Distribution Circle, Dindigul Respondent(s) WP No. 31581 of 2025 1. Prabhu Textiles S.F.No.857/3,Ramar Kovil Street, R.G.Pudur, Chinniampalayam, Coimbatore-641 062 Repd Its Partner N.Selvam Petitioner(s) Vs 1. Tamilnadu Electricity Regulatory Commission Repd, By Its Secretary, 19-a, Rukmini Lakshmipathy Salai, (Marshalls Road), Egmore, Chennai-600 008 2.The Chairman Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 3.Director Finance Tamil Nadu Power Distribution https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 Corporation Ltd (tnpdcl) 144, Anna Salai, Chennai- 600 002 . 4.The Superintending Engineer (tnpdcl), Coimbatore Metro Electricity Distribution Circle, Coimbatore 5.The Superintending Engineer (tnpdcl), Palladam Electricity Distribution Circle, Palladam 6.The Superintending Engineer Tnpdcl, Tirunelveli Electricity Distirbution Circle, Tirunelveli 7.The Superintending Engineer Tnpdcl, Virudhunagar Electricity Distribution Circle, Virudhunagar Respondent(s) WP No. 31586 of 2025 1. Shree Vari Multiplast India Pvt Ltd S.F.No.101/3,Manthampalayam Pirivu, Kanjikovil Street, Perundurai, Repd By Its Authorised Signatory C.Ragupathi Petitioner(s) Vs 1. Tamilnadu Electricity Regulatory Commission Repd, By Its Secretary, 19-a, Rukmini Lakshmipathy Salai, (marshalls Road, Egmore, Chennai- 600 008 https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 2.The Chairman Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 3.Director Finance Tamil Nadu Power Distribution Corporation Ltd (tnpdcl) 144, Anna Salai, Chennai- 600 002 . 4.The Superintending Engineer (tnpdcl), Erode Electricity Distribution Circle, Erode 5.The Superintending Engineer (tnpdcl), Udumalpet Electricity Distribution Circle, Udumalpet 6.The Superintending Engineer Tnpdcl, Tirupur, Electricity Distirbution Circle, Tiruppur 7.The Superintending Engineer Tnpdcl, Palladam Electricity Distribution Circle, Palladam Respondent(s) WP No. 31575 of 2025 PRAYER 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.10,20,816/- (for the year of 2022-2025) payable to the Petitioner or give adjustment in the current consumption charges payable by the petitioners till the entire amount is https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 adjusted. WP No. 31581 of 2025 PRAYER 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.19,15,100/- (for the year of 2024-2025) payable to the Petitioner or give adjustment in the current consumption charges payable by the petitioners till the entire amount is adjusted. WP No. 31586 of 2025 PRAYER Forbearing the Respondents and their men agents from collecting current consumption charges, demand charges and any arrears from the petitioner HTSC NO.049094260137 until the respondents makes payment of the outstanding dues of Rs.13,06,103/- (for the year of 2016-2017) payable to the Petitioner or give adjustment in the current consumption charges payable by the petitioners till the entire amount is adjusted For Petitioner(s): Mr.R.S. Pandiyaraj (In all petitions) For Respondent: Mr.I.Syed Sibghatulla Standing Counsel (WP.No.31586 of 2025) Mr.S.Madhusuthanan Standing Counsel (WP.No.31575 of 2025) Mr.L.Jaivenkatesh Standing Counsel (WP.No.31581 of 2025) COMMON ORDER The writ petitions have been filed with a prayer to forbear the respondents and their men agents from collecting current consumption charges, demand charges and any arrears from the petitioners until the respondents makes payment of the outstanding dues of Rs.10,20,816/- (for the year of 2022-2025), https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 Rs.19,15,100/- (for the year of 2024-2025) and Rs.13,06,103/- (for the year of 2016-2017) respectively payable to the petitioners or give adjustment in the current consumption charges payable by the petitioners till the entire amount is adjusted. 2. When the matter came up for admission, the learned counsel for both sides would submit that the matter is no longer res integra and in several matters, this Court has passed earlier orders. It can be seen that in one such order in W.P.No.38309 of 2024, the writ petition is disposed of on the following terms and the entire order from paragraph No. 2 to 8 is extracted hereunder:- “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 4 th 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 https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 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 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:- “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 https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 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 https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 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. 3. Accordingly, this writ petition shall stands disposed of in similar terms with a direction to the respondents to adjust the amount of Rs.10,20,816/- (for the year of 2022-2025), Rs.19,15,100/- (for the year of 2024-2025) and Rs.13,06,103/- (for the year of 2016-2017) respectively payable by the respondents to the petitioners towards the electricity supplied to them by the petitioner, with the current consumption charges, demand charges payable by the petitioners, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against the petitioners for disconnection of power supply till entire outstanding amount payable to the petitioners by respondents gets adjusted towards current consumption chages, demand charges etc., payable by the petitioners. With the above direction, this writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions, if any, are closed. 21-08-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 WP No. 31575 of 2025 To 1.Tamilnadu Electricity Regulatory Commission REP BY ITS SECRETARY, 19-A RUKMINI LAKSHMIPATHY SALAI(mARSHALLS ROAD), EGMORE CHENNAI-600 008 2.The Chairman Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 3.Director Finance Tamil Nadu Power Distribution Corporation Ltd (tnpdcl) 144, Anna Salai, Chennai- 600 002 . 4.The Superintending Engineer (tnpdcl), Palladam Electricity Distribution Circle, Palladam 5.The Superintending Engineer (tnpdcl), Dindigul Electricity Distribution Circle, Dindigul WP No. 31581 of 2025 To 1.Tamilnadu Electricity Regulatory https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 Commission Repd, By Its Secretary, 19-a, Rukmini Lakshmipathy Salai, (marshalls Road, Egmore, Chennai- 600 008 2.The Chairman Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 3.Director Finance Tamil Nadu Power Distribution Corporation Ltd (tnpdcl) 144, Anna Salai, Chennai- 600 002 . 4.The Superintending Engineer (tnpdcl), Coimbatore Metro Electricity Distribution Circle, Coimbatore 5.The Superintending Engineer (tnpdcl), Palladam Electricity Distribution Circle, Palladam 6.The Superintending Engineer Tnpdcl, Tirunelveli Electricity Distirbution Circle, Tirunelveli 7.The Superintending Engineer Tnpdcl, Virudhunagar Electricity Distribution Circle, Virudhunagar WP No. 31586 of 2025 To https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 1.Tamilnadu Electricity Regulatory Commission Repd, By Its Secretary, 19-a, Rukmini Lakshmipathy Salai, (marshalls Road, Egmore, Chennai- 600 008 2.The Chairman Tamilnadu Power Distribution Corporation Ltd, 144, Anna Salai, Chennai-600 002 3.Director Finance Tamil Nadu Power Distribution Corporation Ltd (tnpdcl) 144, Anna Salai, Chennai- 600 002 . 4.The Superintending Engineer (tnpdcl), Erode Electricity Distribution Circle, Erode 5.The Superintending Engineer (tnpdcl), Udumalpet Electricity Distribution Circle, Udumalpet 6.The Superintending Engineer Tnpdcl, Tirupur, Electricity Distirbution Circle, Tiruppur 7.The Superintending Engineer Tnpdcl, Palladam Electricity Distribution Circle, Palladam https://www.mhc.tn.gov.in/judis WP No. 31575 of 2025 N.ANAND VENKATESH J. gd WP No. 31575 of 2025 AND,WP NO. 31581 OF 2025,WP NO. 31586 OF 2025 21-08-2025 https://www.mhc.tn.gov.in/judis