M/S. Sonal Vyapar Limited v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.04.2016 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.16246 of 2016 M/s. Sonal Vyapar Ltd., HTSC No.202, 110/2, Nattamangalam Main Road, Maniyanur, Salem 636 010 rep. by its Director R.Rajesekaran
...Petitioner
Vs.
1.
The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai.
Chennai - 600 002.
2.
The Superintending Engineer, Salem Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) Salem.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the second respondent to permit the petitioner to pay the additional security deposit of Rs.1,20,29,374/- alone in 12 equal monthly installments along with regular current consumption charges. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K.Raameshuwar Standing Counsel
O R D E R
By consent of parties, the main Writ Petition is taken up for final disposal, at the stage of admission. 2.
The petitioner is a Company, registered under the Companies Act, 1956. They have filed this Writ Petition seeking for issuance of a writ of mandamus, directing the second
respondent to permit them to pay the additional security deposit of Rs.1,20,29,374/- alone in 12 equal monthly installments along with regular current consumption charges.
3.
At the very outset, the learned counsel appearing for the petitioner submits that this Court, in a Writ Petition filed by M/s.Kannappan Alloys and Steels Private Limited, viz., in W.P.No.15431 of 2015, involving similar set of facts, disposed of the said Writ Petition, by following the earlier order passed in W.P.No.(MD) No.8204 of 2015, dated 14.05.2015, a copy of which has been annexed at page No.11 of the typed set of papers, filed in support of this Writ Petition for reference of this Court. Therefore, the learned counsel prays that, following the earlier order, dated 02.06.2015, the present Writ Petition may be disposed of as well, as the petitioner-Company is similarly placed like that of the petitioner therein.
4. Heard Mr.R.S.Pandiyaraj, learned counsel appearing for the petitioner and Mr.S.K.Raameshuwar, learned Standing Counsel, accepting notice for respondents, and perused the decision relied upon by the learned counsel appearing for the petitioner. In this context, it would be beneficial to refer to the operative portion of the order, dated 02.06.2015, which is extracted hereunder:- " In the result, this Writ Petition is disposed of with a direction to the petitioner to pay the additional security deposit of Rs.1,35,62,185/- in six equal monthly installments along with regular current consumption charges, commencing from 1st week of July, 2015, failing which, it is open to the respondents to initiate appropriate action in accordance with law. No costs. "
5.
Thus, in the light of the earlier order, dated 02.06.2015, passed in W.P.No.15431 of 2015, the present Writ Petition is disposed of on the same lines, viz., by directing the petitioner to pay the additional security deposit of Rs.1,20,29,374/- in six equal monthly installments along with regular current consumption charges, commencing from 1st week of May, 2016, failing which, it is open to the respondents to initiate appropriate action in accordance with law. No costs. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar sd
To 1.
The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai.
Chennai - 600 002.
2.
The Superintending Engineer, Salem Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) Salem.
1 cc to Mr.R.S. Pandiyaraj, Advocate, Sr. 27535 Writ Petition No.16246 of 2016 KS (CO) kk 17/5