M/S.Shri Indhira Cotton Mills v. The Chairman And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.05.2018 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.11717 of 2018 Shri Indhira Cotton Mills (P) Ltd., HT SC No.28 Jagampet Gardens Chromepet Chennai - 600 044.
Rep by its General Manager Mr.K.Selvaraj ... Petitioner -Vs1.The Chairman and Managing Director TANGEDCO 144, Anna Salai Chennai - 600 002.
2.The Superintending Engineer Chennai Electricity Distribution Circle / South-II TANGEDCO 110 K.V. Sub-Station Complex Anna Main Road Chennai - 600 078.
... Respondents Prayer :- Writ 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 Current Consumption Deposit of Rs.42,69,330/- alone in 10 monthly installments along with the regular current consumption charges for its H.T.Service Connection No.28 M/s.Shri Indhira Cotton Mills (P) Ltd., For Petitioner : Mr.V.Veluchamy For Respondents : Mr.S.K.Rameshuwar Standing Counsel for TNEB
ORDER
1.1 In this case, the respondents have issued notice to make Additional Security Deposit of ?42,69,330/- with it, based on the average annual electricity charges for one year preceding the claim for such deposit. 1.2 The only prayer sought in this writ petition is that the petitioner seeks a direction of this Court to the second respondent to receive Additional Security Deposit along with the regular current consumption charges for HT Service Connection, in ten monthly installments.
2. Heard Mr.V.Veluchamy, the learned counsel for the petitioner and Mr.S.K.Rameshuwar, learned Standing Counsel [TNEB] for the respondents.
3. The counsel for the petitioner has brought to the notice of the Court, an earlier order passed by this Court in W.P.No.11500 of 2017 in which, the learned Single Judge has followed the decision of the Division Bench of this Court in Tamil Nadu Electricity Board Vs. Mani Spinning Mills (P) Limited [CDJ 2012 MHC 4380 - (W.A.(MD) Nos.407 to 412 of 2012 dated 02.08.2012] and also the order passed in W.P.No.11538 of 2017 Since the issue involved in this case is identical to the one involved in the aforesaid cases, this Court is inclined to grant similar relief to the petitioner herein.
4. Accordingly, this writ petition is allowed and this Court directs the petitioner to pay the additional security deposit, now claimed by the second respondent in six equal monthly installments commencing from 1st June, 2018. If the petitioner defaults in making payment, it is open to the respondents to initiate appropriate action, in accordance with law. No costs.
04.05.2018 ds Note : Issue order copy on 07.05.2018 Index : Yes / No Speaking Order / Non-speaking order To:
1.The Chairman and Managing Director TANGEDCO 144, Anna Salai Chennai - 600 002.
2.The Superintending Engineer Chennai Electricity Distribution Circle / South-II TANGEDCO 110 K.V. Sub-Station Complex Anna Main Road Chennai - 600 078.
N.SESHASAYEE,J., ds W.P.No.11717 of 2018 04.05.2018