M/S.Amarjothi Spinning Mills Ltd Unict C v. The Chairman

THE HIGH COURT OF JUDICATURE AT MADRAS DATED :14.08.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.10685 of 2020 M/s.Amarjothi Spinning Mills Ltd Unit C HTSC No.0157 Gobi Main Road, Pudusuripalayam, Nambiyur 638 458 Gobi (Tk) Erode (Dt) Tamil Nadu, India rep.by its Joint Managing Director Jaichander ..Petitioner vs 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

2.The Superintending Engineer, Gobi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Gobi.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.38,28,981/- alone in 10 equal monthly installments along with the regular current consumption charges.

For Petitioner : Mr.R.S.Pandiaraj For Respondents : Mr.N.Damodharan, Standing Counsel

O R D E R

This writ petition has been filed for a direction to the respondents to consider the request made by the petitioner, wherein, the petitioner has requested for payment of Additional Security Deposit in 10 equal monthly instalments. 2.The petitioner is having a HT service connection. As per the Tamil Nadu Electricity Supply Code, 2004, the Security Deposit will be revised every year under Regulation 5(5). Accordingly, the second respondent has revised the Security Deposit and has informed the petitioner through his letter dated 20.07.2020 to pay the Additional Security Deposit of Rs.38,28,981/- over and above the existing deposit in one lumpsum. If this amount is not paid by the petitioner, the electricity supply will stand disconnected.

3.The petitioner had stated that due to the current situation and severe financial constraints, the petitioner is not in a position to pay the entire Additional Security Deposit in one lumpsum. The petitioner has therefore made a representation on 30.07.2020 to the respondents to permit the petitioner to pay the Additional Security Deposit in 10 equal monthly instalments. Since it was not acted upon, the present writ petition has been filed before this Court seeking for appropriate direction.

4.Heard Mr.R.S.Pandiyaraj, learned counsel appearing on behalf of the petitioner and Mr.N.Damodharan, learned Standing Counsel appearing on behalf of the respondents. 5.It is seen from the records that similar such request has been entertained by this Court and this Court considering the facts and circumstances of the case, has permitted the consumer to pay the Additional Security Deposit in 10 instalments. Useful reference can be made to the order of this Court in W.P.No.10947 of 2017 and W.P.No.11686 of 2018.

6.Taking into consideration the facts and circumstances of the case and the present situation that is prevailing, there shall be a direction to the petitioner to pay the Additional Security Deposit claimed by the second respondent in 6 equal monthly instalments commencing from October 2020. If in case, the petitioner defaults in making the payment, it is always open to the respondents to initiate appropriate action in accordance with law.

7.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sk To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

2.The Superintending Engineer, Gobi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Gobi.

+1cc to Mr.R.S.Pandiyaraj, Advocate, S.R.No.26978 W.P.No.10685 of 2020 RLD(CO) KKV/20/08/2020