N.S.Rathinam And Sons Pvt Ltd v. The Tamil Nadu Generation And Distribution Corporation Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1586 of 2022 and W.M.P.No.1718 of 2022 N.S.Rathinam & Sons Pvt. Ltd., Integrated Cold Chain Infrastructure Facility Rep. by its Managing Director R.Chandrasekaran ... Petitioner Vs.
1. The Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), Rep by its Chairman and Managing Director, 10th Floor, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Financial Controller - Revenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 and 3 to restore the connection and give installment for paying the Electricity bills from July, 2021 to December, 2021 with three monthly installment for the petitioner company's High Tension Electricity service connection HT No.059094500354 situated at No.101 A, NH-7, Dindigul - Karur Highway, Agaram Village, Thadikombu - 624 709, Dindigul District by following the Tamil Nadu Electricity Supply Code, 2004, by considering the petitioner's representation dated 22.01.2022. For Petitioner : Mr.M.Guruprasad for M/s.D.Lakshmipathy For Respondents : Mr.Abul Kalam Standing Counsel
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 2 and 3 to restore the connection and to give installment for paying the Electricity bills from July, 2021 to December, 2021 with three monthly installment for the petitioner company's High Tension Electricity service connection HT No.059094500354 situated at No.101 A, NH-7, Dindigul - Karur Highway, Agaram Village, Thadikombu - 624 709, Dindigul District by following the Tamil Nadu Electricity Supply Code, 2004, by considering the petitioner's representation dated 22.01.2022. 2.The case of the petitioner is that the petitioner is the Managing Director of M/s.N.S.
Rathinam and Sons Private Limited and the main object of the Company is storing fresh vegetables, fruits, butter, ice cream, egg, meat and other commodities in cold storage and they are running a cold storage factory in their premises and has obtained High Tension Electricity service connection for running their factory. They were prompt in paying the electricity consumption charges, however, due to COVID - 19 pandemic situation, the company defaulted in paying the electricity bills from July, 2021 to December, 2021 and hence, the service connection was disconnected. The petitioner made representation to the respondent seeking to allow them to pay the amount in installments and since the same has not yet been considered, the petitioner has filed this writ petition. 3.
The learned counsel appearing for the petitioner submitted that the total amount due from July, 2021 to December, 2021 is Rs.61,85,633/- and the petitioner is ready to pay the same in installments. He further submitted the petitioner is ready to pay a sum of Rs.21,85,633/- tomorrow (04.02.2022) and is ready to pay the balance amount in two installments (Rs.20 Lakhs per installment) on or before 5th of every succeeding English Calender Month and also agree to pay the future electricity consumption charges without any default.
4.The learned Standing Counsel appearing for the respondents submitted that the petitioner already issued a cheque for a sum of Rs.61,85,633/-, which when presented was dishonoured and hence, the electricity service connection was disconnected. However, he raise no objection for this Court considering the request made by the learned counsel appearing for the petitioner. 5.In view of the above, this Court directs the petitioner to pay a sum of Rs.21,85,633/- (Rupees Twenty One Lakhs Eighty Five Thousand Six Hundred and Thirty Three Only) on or before 04.02.2022 by way of cash and shall pay the balance
amount in two installments (Rs.20 Lakhs per installment) on or before 5th of every succeeding English Calender Month and shall also pay the future electricity consumption charges without any default. On payment of Rs.21,85,633/- by the petitioner on or before 04.02.2022, the respondent shall restore the electricity service connection pertaining to the petitioner company forthwith.
6.The writ petition is disposed of with the above directions.
No costs.
Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar PRI To
1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), 10th Floor, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Financial Controller - Revenue, TANGEDCO, 7th Floor, 144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul.
W.P.No.1586 of 2022 and W.M.P.No.1718 of 2022 SSD(CO) TE (03/02/2022)