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Madras High CourtWP/13283/2017disposed of

M/S.V.R.Foundries, Unit-Ii, v. The Chairman,

2017-05-24Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.05.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.13283 of 2017 M/s.V.R.Foundries, Unit -II HTSC No.682, S.F.No.478/1, 478/2, Kaniyur Village, Sulur Taluk, Coimbatore, Repd. by its Authorised Signatory K.Senthilkumar ..

Petitioner Vs 1.The Chairman, Corporation Limited, 144, Anna Salai, Chennai 600 002 2.The Superintending Engineer, Coimbatore/South Elec. Distribution Circle, Corporation Limited, TATABAD, Coimbatore ..

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.40,11,910/- alone in 6 equal monthly installments along with the regular current consumption charges. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K.Rameshwar Standing counsel

ORDER

Mr.S.K.Rameshwar, learned Standing Counsel, takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner is a company registered under the companies Act having HT service connection hearing No.682 from

the second respondent for the purpose of manufacturing of cast iron products.

The second respondent, by letter dated 25.04.2017, demanded additional security deposit of Rs.40,11,910/- over and above the existing deposit of Rs.2,09,29,920/- in one lump sum. Seeking direction 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.Rameshwar, learned standing counsel appearing on behalf of the respondents.

4. In an identical situation, this Court, in W.P.No.11500 of 2017 dated 05.05.2017, 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 writ petition is an identical one and the payment is also with respect to the additional security deposit, following the above said order, 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.40,11,910/- 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/- Asst.Registrar /true copy/ Sub Asst. Registrar raa/sai Note: Issue order copy on 26.05.2017 To 1.The Chairman, Corporation Limited, 144, Anna Salai, Chennai 600 002

2.The Superintending Engineer, Coimbatore/South Elec. Distribution Circle, Corporation Limited,TATABAD, Coimbatore +1cc to Mr.R.S.Pandiyaraj Advocate, Sr.No.37930 +1cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.37930(29.05.2017) W.P.No.13283 of 2017 BR(CO) NR(26/05/2017)