Sri Vari Textiles Htsc No.286 v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.05.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.12833 of 2017 M/s.Sri Vari Textiles, HTSC No.286, Velvrkottai, Vadamadurai, Dindigul-624 002, rep.by its authorised signatory Selvakumar .. Petitioner Vs
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai-600 002.
2. The Superintending Engineer, Dindigul Elec.Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Dindigul.
.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to permit the petitioner to pay the Additional Security Deposit of Rs.27,36,587/- alone in 6 equal monthly instalments along with the regular current consumption charges. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K. Rameshuwar
ORDER
This writ petition is filed to direct the second respondent to permit the petitioner to pay the Additional Security Deposit of Rs.27,36,587/- alone in 6 equal monthly instalments along with the regular current consumption charges. 2.In the affidavit filed in support of this writ petition, it is stated that the petitioner is a company registered under the Companies Act, 1956. The petitioner is having HT service connection bearing No.286 coming under the second respondent. The petitioner is manufacturing yarn products. The petitioner
has already deposited a sum of Rs.67,83,063/- as security deposit to the respondent-Electricity Board. As per Regulation 5 (5)(ii)(a) of the Tamil Nadu Electricity Supply Code, 2004, the Security Deposit (CCD) should be two times of the average of the electricity charges for the preceding twelve months prior to April for the monthly billed consumers, like that of the petitioner. It is stated by the petitioner that the second respondent, vide letter dated 17.04.2017, has directed the petitioner to pay a sum of Rs.27,36,587/- over and above the existing deposit of Rs.67,83,063/- in one lump sum, failing which the petitioner's electricity supply would be disconnected. It is contended by the petitioner that since the petitioner industry is already struggling for survival due to severe power cut, production loss and other aspects, the petitioner is not in a position to pay the said amount in one lumpsum. But the respondents are threatening to disconnect the power supply, if the additional security deposit is not paid. Hence this writ petition.
3.The learned counsel for the petitioner has submitted that since considerable amount is already available with the respondents as security deposit, and the petitioner-industry is struggling for survival due to severe power cut, production loss and continuous recession in the industry, the additional security deposit may be allowed to be paid in instalments along with the regular current consumption charges on the due dates. 4.Mr.S.K.Rameshuwar learned counsel, took notice for the respondents.
5.Upon hearing the submissions made on either side and also considering the submission made by the learned counsel for the petitioner that the petitioner-industry is struggling for survival due to severe power cut, production loss and continuous recession in the industry, the petitioner is permitted to pay the additional security deposit of Rs.27,36,587/- to the second respondent, in six equal monthly instalments. The first instalment shall be paid on or before 10.06.2017 and rest of the instalments shall be paid on or before 5th of every succeeding month. In case of any default in payment of the instalments as directed, the respondents are at liberty to proceed against the petitioner in accordance with law.
6.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar
KM To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai-600 002.
2. The Superintending Engineer, Dindigul Elec.Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Dindigul.
+1cc to M/S.R.S. Pandiyaraj, Advocate Sr. 37632 W.P.No.12833 of 2017 MP(CO) VR(23/5/2017)