M/S.Mailam Murugan Mines, v. The Chairman And Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Friday, the Twenty First day of August Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE N.ANAND VENKATESH WMP.No.13781 of 2020 IN WP.No.11303 of 2020 M/S.MAILAM MURUGAN MINES, [ PETITIONER ] REP.BY ITS PROPRIETOR, MRS.GEETHA UTHAYARAJAN, HAVING OFFICE AT NEW NO.48(59), EAST JONES ROAD,SAIDAPET, CHENNAI - 600 015.
Vs 1 THE CHAIRMAN AND MANAGING DIRECTOR, [ RESPONDENTS ] TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 10TH FLOOR,NPKRR MAALIGAI, 144,ANNA SALAI, CHENNAI - 600 002.
2 THE CHIEF FINANCIAL CONTROLLER - REVENUE, NPKRR MAALIGAI, 144,ANNA SALAI, CHENNAI - 600 002.
3 THE SUPERINTENDENT ENGINEER, CHENGAI ELECTRICITY DISTRIBUTION CIRCLE, NO.49,ALAGESAN NAGAR, CHENGALPETTU - 603 001.
4 ACCOUNTS OFFICER - REVENUE, CHENGAI ELECTRICITY DISTRIBUTION CIRCLE, NO.49,ALAGESAN NAGAR, CHENGALPETTU - 603 001.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondents herein to receive Rs.2,94,286/- out of the present Demand for Additional Current Consumption Deposit of Rs.11,80,953/- in SE/ChengalpattuEDC/DFC/AO/AS/HTSCNo. 099094111406 /DNo.995/20 dated 24.07.2020 from the petitioner, (IN WMP.No.13781
of 2020) pending disposal of the above Writ Petition (WP.No.11303 of 2020).
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.INDU PRIYA, Advocate for the petitioner, the court made the following order:- The regulation provides that TRANGESCO will issue supply availability notice to the consumer to avail supply within three months on completion of work.
2.
The grievance of the petitioner is that this notice was sent on 10.10.2019 even before the work was completed. According to the petitioner, the work was actually completed only during December 2019. According to the petitioner, the respondents have now directed the petitioner to deposit the additional current consumption deposit of a sum of Rs.11,80,953/-. The case of the petitioner is that Rs.8,86,667/- which was collected in violation of the regulation has to be adjusted and the petitioner is liable to pay only a sum of Rs.2,94,286/- towards additional current consumption deposit.
3.
The petitioner has made out a prima facie case and this writ miscellaneous petition is disposed of with an interim direction to the petitioner to deposit 50% of the demand made by letter dated 24.07.2020 towards additional current consumption deposit without prejudice to the rights of the parties to put-forth their contentions in the writ petition.
-sd/- 21/08/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE CHAIRMAN AND MANAGING DIRECTOR, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 10TH FLOOR,NPKRR MAALIGAI, 144,ANNA SALAI, CHENNAI - 600 002.
2 THE CHIEF FINANCIAL CONTROLLER - REVENUE, NPKRR MAALIGAI, 144,ANNA SALAI, CHENNAI - 600 002.
3 THE SUPERINTENDENT ENGINEER, CHENGAI ELECTRICITY DISTRIBUTION CIRCLE, NO.49,ALAGESAN NAGAR, CHENGALPETTU - 603 001.
4 ACCOUNTS OFFICER - REVENUE, CHENGAI ELECTRICITY DISTRIBUTION CIRCLE, NO.49,ALAGESAN NAGAR, CHENGALPETTU - 603 001.
C.C. to M/S.K.INDU PRIYA Advocate on payment of necessary charges Order in WMP.No.13781 of 2020 IN WP.No.11303 of 2020 Date :21/08/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format UM(28/08/2020)