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2026 DAILYLAW 56765 (MAD)

M/S.AVE MARIA SPINNING MILLS PRIVATED LIMITED, v. Tamilnadu Electricity Regulatory Commission

WP/28221/2026 · 2026-07-20

Mohammed Shaffiq

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 28221 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 28221 OF 2026 and WMP NO. 30906 OF 2026 M/s.Ave Maria Spinning Mills Pvt. Ltd., HTSC No.049094360121 59/7-B, Pullappanaickenpalayam, Elur, Gobichettipalayam Taluk, Erode – 638 506 Rep. By Authorized Signatory Arulgruz Pankaraj. ..Petitioner(s) Vs 1. Tamilnadu Electricity Regulatory Commission 4TH Floor, SIDCO Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600032. Represented by its Secretary. 2. Tamilnadu Power Distribution Corporation Ltd., (TNPDCL) 10th Floor, 144, Anna Salai, Chennai 600 002, Rep. By its Managing Director. 3. Director Finance Tamilnadu Power Distribution Corporation Ltd., (TNPDCL), 144, Anna Salai, Chennai - 600002. 4. The Superintending Engineer (TNPDCL) Coimbatore Metro Electricity Distribution Circle, Coimbatore. 5. The Superintending Engineer (TNPDCL) Tirunelveli Electricity Distribution Circle, Tirunelveli. ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 28221 of 2026 __________ Page2 of 6 PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear 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.8,89,106/- (for the year of 2025-2026) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. For Petitioner(s): Mr.R.S.Pandiyaraj For Respondent(s): Mr.S.Madhusudhan Order This Writ Petition has been filed to forbear 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.8,89,106/- (for the year of 2025-2026) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted. 2. Learned counsel for petitioner and respondents would submit in unison that under similar circumstances, this Court in W.P.No.21032 of 2026 vide order dated 05.06.2026, issued the following directions and that the same directions may be issued in this writ petition: “By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. https://www.mhc.tn.gov.in/judis WP No. 28221 of 2026 __________ Page3 of 6 2. This Writ Petition has been filed seeking a Writ of Mandamus, forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from petitioner until the respondents makes payment of the outstanding dues payable to petitioner or give adjustment in the current consumption charges payable by petitioner till the entire amount is adjusted. 3. Learned counsel for petitioner would submit that petitioner is a Textile Mill which generates wind energy, which is captively consumed. He would submit that in terms of the Comprehensive Tariff Order on Wind Energy in Order No.1 of 2009 dated 20.03.2009 issued by the Tamil Nadu Electricity Regulatory Commission, the unutilised energy at the end of the financial year is liable to be encashed at the rate of 75% of the purchase tariff. A wheeling agreement was entered into, which also provides a clause enabling encashment of unutilised energy in terms of the purchase tariff. He would submit that there is an accrued liability in terms of the said clause with regard to surplus wind energy that has been generated. He would also submit that in an identical circumstance, this Court had passed an order in W.P.No.32144 of 2025 dated 22.08.2025, and the relevant portion of order is extracted hereunder: “3. Accordingly, this writ petition shall stand disposed of in similar terms with a direction to the respondents to adjust the amount of Rs.10,65,675/- (for the year of 2024- 2025) payable by the respondents to the petitioner towards the electricity supplied to https://www.mhc.tn.gov.in/judis WP No. 28221 of 2026 __________ Page4 of 6 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 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.” The learned counsel for petitioner would therefore only seek similar directions. 4. Learned Standing Counsel for respondents would submit that they do not have any serious objections to the above request / prayer. 5. In view of the above submission, this Court directs the respondents to adjust the amount of Rs.25,47,664/- (for the year of 2018-2019) payable by the respondents to petitioner towards the electricity supplied to them by petitioner, with the current consumption charges, demand charges payable by petitioner, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against petitioner for disconnection of power supply till entire outstanding amount payable to petitioner by respondents gets adjusted towards current consumption charges, demand charges etc., payable by petitioner. 6. Accordingly, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous https://www.mhc.tn.gov.in/judis WP No. 28221 of 2026 __________ Page5 of 6 petition is closed.” 3. In view of the above submission, this Court directs the respondents to adjust the amount of Rs.8,89,106/- (for the year of 2025-2026) payable by the respondents to petitioner towards the electricity supplied to them by petitioner, with the current consumption charges, demand charges payable by petitioner, till the entire amount is adjusted or exhausted. The respondents shall not take any coercive steps against petitioner for disconnection of power supply till entire outstanding amount payable to petitioner by respondents gets adjusted towards current consumption charges, demand charges etc., payable by petitioner. 4. Accordingly, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 20-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSK https://www.mhc.tn.gov.in/judis WP No. 28221 of 2026 __________ Page6 of 6 MOHAMMED SHAFFIQ J. GSK To 1. Tamilnadu Electricity Regulatory Commission 4TH Floor, SIDCO Building, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai - 600032. Represented by its Secretary. 2. Tamilnadu Power Distribution Corporation Ltd., (TNPDCL) 10th Floor, 144, Anna Salai, Chennai 600 002, Rep. By its Managing Director. 3. Director Finance Tamilnadu Power Distribution Corporation Ltd., (TNPDCL), 144, Anna Salai, Chennai - 600002. 4. The Superintending Engineer (TNPDCL) Coimbatore Metro Electricity Distribution Circle, Coimbatore. 5. The Superintending Engineer (TNPDCL) Tirunelveli Electricity Distribution Circle, Tirunelveli. WP NO. 28221 OF 2026 and WMP NO. 30906 OF 2026 20-07-2026 https://www.mhc.tn.gov.in/judis