M/S.Subabhalaji Spinning Mills India Pvt Ltd v. Tamil Nadu Electricity Regulatory Commission

Order By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

¶2This 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 provide adjustment in the current consumption charges payable by petitioner till the entire amount is adjusted.

¶3Learned counsel for petitioner would submit that petitioner is a Textile Mill which generates wind energy, which is captively consumed. He would Page3 of 6 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 may 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 right in terms of the said clause with regard to surplus wind energy that has been generated. He would also submit that in 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 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. Page4 of 6

¶4Learned Standing Counsel for respondents does not have serious objections to the above request / prayer.

¶5In view of the above submission, this Court directs the respondents to adjust the amount of Rs.7,74,061 /- (for the period from July 2024, February, June and July 2025) 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.

¶6Accordingly, this Writ Petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 05-06-2026 (3/3) Index: Yes/No Speaking/Non-speaking order ANU Page5 of 6 To

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

¶2Tamilnadu Power Distribution Corporation Ltd (TNPDCL), 10th floor, 144 Anna Salai Chennai 600002, Represented by Its Chairman.

¶3Director Finance Tamil Nadu Power Distribution Corporation Ltd, (TNPDCL),144 Anna Salai Chennai 600002

¶4The Superintending Engineer (TNPDCL) Gobi Electricity Distribution Circle GOBI.

¶5The Superintending Engineer (TNPDCL) Tirunelveli Electricity Distribution Circle TIRUNELVELI. Page6 of 6

MOHAMMED SHAFFIQ, J. ANU and WMP.No.22737 of 2026 05-06-2026 (3/3)

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP.No.22737 of 2026 M/s.Subabhalaji Spinning Mills India Pvt Ltd SF No.140, Anjanoor (Po), EllapalayamNaal Road, Onankuttai, Nambiyur, Gobichettipalayam, Rep by its Managing Director R.Subramaniam. ..Petitioner(s) Vs 1. Tamil Nadu Electricity Regulatory Commission 4th Floor, SIDCO Building, Thiru.Vi.Ka Industrial Estate Guindy, Chennai-600 032 Represented by Its Secretary 2. Tamilnadu Power Distribution Corporation Ltd (TNPDCL), 10th floor, 144 Anna Salai Chennai 600002, Represented by Its Chairman. 3. Director Finance Tamil Nadu Power Distribution Corporation Ltd, (TNPDCL),144 Anna Salai Chennai 600002 4. The Superintending Engineer (TNPDCL) Gobi Electricity Distribution Circle GOBI. 5. The Superintending Engineer (TNPDCL) Tirunelveli Electricity Distribution Circle Tirunelveli. ..Respondent(s) Page2 of 6 Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a 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.7,74,061 /-( for the period from July 2024, February, June and July 2025) 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.Madhusudhanan Standing Counsel