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2025 Supreme(Online)(Mad) 74660

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
M/S.PREMIER MILLS PVT LTD – Appellant
Versus
TAMIL NADU ELECTRICITY REGULATORY COMMISSION – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-12-2025 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND WMP NO. 53341 OF 2025 M/s.Premier Mills Pvt Ltd, RR Land Mark,No.1E1 Nava India Road,Sowripalayam, Coimbatore 641028, Repd By Its Senior Manager S.Vaidyanathan ..Petitioner(s)

Vs

1. Tamil Nadu Electricity Regulatory Commission, 4th Floor, SIDCO Building, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-600 032 Rep By Its Secretary

2. Tamil Nadu Power Distribution Corporation Ltd,(TNPDCL)

144, Anna Salai, Chennai 600 002, Represented By Its Managing Director.

3. Director Finance (TNPDCL), 144 Anna Salai, Chennai 600 002

4. The Superintending Engineer (TNPDCL)

Udumalpet Electricity Distribution Circle, Udumalpet

5. The Superintending Engineer (TNPDCL), Dindigul Electricity Distribution Circle, Dindigul.

..Respondent(s)

PRAYER Writ Petition filed under Art. 226 of Constitution of India for issuance of 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.16,92,851 /- (for the year of 2023 to 2024) 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.Madhusudhanan Standing Counsel for R1 to R5

Order

This writ petition is filed with a prayer 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.16,92,851/~ (for the year 2023-2024) payable to the petitioner or give adjustment in the current consumption charges payable by the petitioner 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 was disposed of on the following terms and the entire order from paragraph Nos.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 4th 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 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 o

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