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Madras High CourtWP/15187/2017disposed of

Pvs Textiles (P) Ltd., v. The Chairman

2017-06-16Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.15187 of 2017 PVS Textiles (P) Ltd., rep. by its Authorised Signatory N.Chandrasekaran .. Petitioner Vs 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Tirupur Electricity Distribution Circle, TANGEDCO, Tirupur.

.. Respondents Writ petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus directing the second respondent to permit the petitioner to pay the additional security deposit of Rs.38,23,450/- alone in 6 equal monthly instalments along with the regular current consumption charges.

For Petitioner ..

Mr.R.S.Pandiyaraj For Respondents ..

Mr.S.K.Rameshwar

ORDER

Mr.S.K.Rameshwar, learned Counsel takes notice for the respondents.

2.By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner is a company registered under the Companies Act having HT service connection bearing No.16. The petitioner is involved in manufacturing of cast iron products. The second respondent, by letter dated Nil, April, 2017,

demanded additional security deposit of Rs.38,23,450/- over and above the existing deposit of Rs.48,23,450/- in one lump sum. Seeking permission to pay the said additional security deposit in equal installments, the petitioner has approached this Court by way of this Writ petition.

4. Heard Mr.R.S.Pandiyaraj, learned counsel appearing for the petitioner and Mr.S.K.Rameshwar, learned counsel appearing for the respondents.

5. In an identical situation, this Court, in WP.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 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.

6. In the result, this writ petition is disposed of with a direction to the petitioner to pay the additional security deposit of Rs.38,23,450/- in six equal monthly installments along with regular current consumption charges, commencing from the 1st week of July 2017, failing which, it is open to the respondents to initiate appropriate action, in accordance with law. No costs.

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

2.The Superintending Engineer, Tirupur Electricity Distribution Circle, TANGEDCO, Tirupur.

+1cc to Mr.R.S.Pandiyaraj, Advocate Sr.42573 W.P.No.15187 of 2017 ev[co] srg 05/07/2017