M/S. Pvs Textiles Pvt Ltd v. The Chairman And Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2021
CORAM
THE HON'BLE MR. JUSTICE C.SARAVANAN W.P. No. 3804 of 2018 and W.M.P. No. 4634 of 2018 M/s.PVS Textiles Pvt. Ltd., Represented by its Authorized Signatory, M.Murugasamy, 181/2, Pethanaickenpalayam, Pongalur (PO), P.Puliampatty (Via), Coimbatore - 638 459.
... Petitioner Vs
1. The Chairman and Managing Director, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Tiruppur Electricity Distribution Circle, TANGEDCO, Tiruppur - 641 603.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent herein to consider the petitioners representation dated 15.02.2018 in "Lr.No.SF/TEDC/TPR/DFC/AAO/HT/F.ACCD/ D/No.538/2018 dated 08.02.2018" having service connection in H.T.S.C.No.16, M/s.PVS Textiles Pvt Ltd, in accordance with law. For Petitioner : No appearance For R1 & R2 : Mr.D.Krishna Pradeep for Mr.N.Damodharan Standing Counsel
ORDER
Though there is no representation on behalf of the petitioner, the writ petition is taken up for final hearing as no adverse orders are proposed to be passed in the present writ petition.
2. The petitioner has filed this writ petition for a writ of mandamus, to direct the respondent to consider the representation dated 15.02.2018 in "Lr.No.SF/TEDC/TPR/DFC/AAO/HT/F.ACCD/D/No.538/2018.
3. The learned representing counsel for the respondents on the other hand submits that earlier the petitioner had filed W.P.No.15187 of 2007 which came to be disposed by an order dated 16.06.2017 with the following observations:- "6. In the result, this writ petition is disposed of with a direction to the petitioner to pay the additional security deposit of Rs.38,23,450/- in six equal monthly installments along with regular current consumption charges, commencing from the 1st week of July 2017, failing which, it is open to the respondents to initiate appropriate action, in accordance with law. No costs."
4. The learned representing counsel for the respondents further submits that the aforesaid amount of Rs.38,23,450/- was further reduced to Rs.31,66,926/-. Out of the aforesaid amount of Rs.31,66,926/-, the petitioner appears to have paid only a sum of Rs.10,55,642/- upto October 2017 and that there was an outstanding of three installments of Rs.15,83,463/- and submitted that this writ petition is not maintainable.
5. The respondents have given calculations and have stated that there is an amount of Rs.15,83,463/- as due from the petitioner. It is not clear from a reading of the Counter as to the basis on which the amount has been arrived at. Be that as it may, the writ petition is for a limited prayer to consider the petitioner's representation dated 15.02.2018. I therefore direct the respondents to consider the representation of the petitioner and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to co-operate with the respondents. In case, the petitioner fails to participate in the said proceedings, the respondents are at liberty to recover the amount from the petitioner in accordance with law.
7. This Writ Petition stands disposed of with the above directions and observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
To
1. The Chairman and Managing Director, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Tiruppur Electricity Distribution Circle, TANGEDCO, Tiruppur - 641 603.
AKM/09.04.21/3P-3C/ W.P. No. 3804 of 2018 and W.M.P. No. 4634 of 2018