M/S.Super Cotton Mills v. The Chairman
2024:MHC:5949
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.1499 of 2024 M/s. Super Cotton Mills Rep. by its Partner, M.M.Thangaraj, S.F.No.87/1, Annur Road, Kittapalayam Post Office, Karumathampatti Village, Coimbatore - 641 659 ... Petitioner Vs.
1.The Chairman No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Coimbatore - South Electricity Distribution Circle, Coimbatore.
3.The Executive Engineer, Operation and Maintenance, Somanur Power House Campus, Somanur - 641 688. 4.The Assistant Engineer, Annur Main Road, Karumathampatti - 641 659.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to refund the deposit of Rs.10,94,397/- as against the Low Tension Service Connection Nos. 032810021400, 03281002995 & 03281002959 to the petitioner, in pursuance of the letters of the 3rd respondent in letter No. EE/O&M/SMR/AAO/RB/SMR/AS/F.TDS/D.No.646/23 dated 06.11.2023 and Letter No. 685/2023 dated 21.12.2023, within a reasonable time, as may be fixed by this Court.
For Petitioner : Mr.N.Anbazhagan For Respondents : Mr.Enock Anand for Mr.L.Jai Venkatesh
O R D E R
Mr.Enock Anand, learned counsel on behalf of Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable final disposal of these matters, even at the stage of admission.
2. The prayer is for a mandamus directing the first respondent, the Chairman, Tamil Nadu Generation and Distribution Corporation Limited to refund the deposit of Rs.10,94,397/- as against the Low Tension Service Connection Nos.032810021400, 03281002995 & 03281002959 to the petitioner.
3. Mr.Enock would accede to the fact that the amount is indeed liable to be refunded. In this regard, he circulates a copy of internal communication
dated 23.01.2024 from the Executive Engineer, Distribution/CEDC/South, Somanur, Coimbatore, wherein he confirms that the amount would be refunded as soon as possible. Orally, Mr.Enock would request that a period of twelve weeks may be granted for the said purpose.
4. Thus, and in light of the aforesaid admission, mandamus is issued to R1 to refund the deposit of Rs.10,94,397/- as against the Low Tension Service Connection Nos. 032810021400, 03281002995 & 03281002959 to the petitioner within a period of twelve (12) weeks from today.
5. This Writ Petition is allowed. No costs.
24.01.2024 Index : Yes / No Speaking order sl To 1.The Chairman No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Coimbatore - South Electricity Distribution Circle, Coimbatore.
Dr.ANITA SUMANTH,J.
Sl 3.The Executive Engineer, Operation and Maintenance, Somanur Power House Campus, Somanur - 641 688.
4.The Assistant Engineer, Annur Main Road, Karumathampatti - 641 659.
W.P.No.1499 of 2024 24.01.2024