M/S.Sri Vigneswara Steels (P) v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.05.2017
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.10947 of 2017 M/S.SRI VIGNESWARA STEELS (P) LTD HTSC NO.135, AKKAMPET, SANKARI POST SALEM - 637 301 REP BY ITS MANAGER K.V.CHELIYAN ...
PETITIONER Vs
1. THE CHAIRMAN TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD., 144 ANNA SALAI, CHENNAI - 2.
2. THE SUPERINTENDING ENGINEER METTUR ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO) METTUR.
...
RESPONDENTS PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 2nd respondent to permit the petitioner to pay the additional security deposit of Rs.24,46,120/- alone in 10 equal monthly instalments along with the regular current consumption charges. For Petitioner : Mr.R.S.Pandiyaraj For Respondents: Mr.S.K.Rameshuwar for TNEB
O R D E R
By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner is a limited company registered under the Companies Act having HT Service Connection bearing No.135 from the second respondent for the purpose of manufacturer of steel products. The second respondent, by letter dated 18.04.2017,
demanded additional security deposit of Rs.24,46,120/- over and above the existing deposit of Rs.1,95,89,760/- in one lump sum. To pay the said additional security deposit in equal installments, the petitioner has approached this Court by way of this writ petition.
3. Heard Mr.R.S.Pandiyaraj, learned counsel appearing for the petitioner and Mr.S.K.Rameshuwar, learned standing counsel appearing on behalf of the respondents.
4. In an identical situation, this court, in W.P.No.15431 of 2015 dated 02.06.2015, following the Division Bench judgment of this Court in Tamil Nadu Electricity Board Vs. Mani Spinning Mills (P) Limited, reported in CDJ 2012 MHC 4380 [W.A. (MD) Nos.407 to 412 of 2012 dated 02.08.2012] permitted the petitioner therein to pay the additional security deposit in six equal monthly installments along with regular current consumption charges. Since the issue involved in this case is an identical one and the payment is also with respect to additional security deposit, following the above said judgment, this Court is inclined to grant the relief to the petitioner to pay the additional security deposit in six equal monthly installments.
5. In the result, this writ petition is disposed of with a direction to the petitioner to pay the additional security deposit of Rs.24,46,120/- in six equal monthly installments along with regular current consumption charges, commencing from 1st week of June 2017, failing which it is open to the respondents to initiate appropriate action, in accordance with law. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pgp
To
1. THE CHAIRMAN TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD., 144 ANNA SALAI, CHENNAI - 2.
2. THE SUPERINTENDING ENGINEER METTUR ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO) METTUR.
+2cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.36775 W.P.No.10947 of 2017 NM(CO) RS(09/05/2017)