Madras High CourtWP/11376/2020disposed of

M/S.Sree Jayamurugan Alloys Pvt Ltd v. The Chairman

2020-08-24Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.11376 of 2020 M/s. Sree Jayamurugan Alloys Private Limited, No.1/117, Ganapathy Nagar, Vellala kundam, Salem 636 111.

Rep by its Managing Directore, K.Rajendran .. Petitioner Vs.

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, 144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Salem - 636 001.

..Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the 2nd respondent to permit the petitioner to pay the Additional Current Consumption Deposit of Rs.1,70,47,738/- in 6 monthly instalments along with the regular current consumption charges for its H.T.S.C.No.049094240283 of M/s. Sree Jayamurugan Alloys Private Limited, and pass orders.

For Petitioner : Mrs. A.L.Ganthimathi 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 6 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 22.07.2020, to pay the Additional Security Deposit of Rs.1,70,47,738/- 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 10.08.2020 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 Mrs.A.L.Ganthimathi, learned counsel appearing on behalf of the petitioner and Mr. N.Damodharan, learned Standing Counsel appearing on behalf of the respondents.

5. The learned counsel for the petitioner submits that the petitioner has already paid the first instalment of Rs.56,82,580/- under threat of disconnection of electricity. Therefore, the learned counsel submits that the balance amount towards Additional Current Consumption Deposit should be permitted to be paid in 6 monthly instalments. 6.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 6 instalments. Useful reference can be made to the order by this Court in W.P.No.10947 of 2017 and W.P.No.11686 of 2018.

7.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 balance Additional Security Deposit of Rs.1,13,65,158/-(Rupees One Crore Thirteen Lakhs Sixty Five Thousand and One Hundred and Fifty Eight Only) in 6 equal monthly instalments commencing from September 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.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, 144, Anna Salai, Chennai 600 002.

2.The Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Salem - 636 001 3.The Government Pleader, High Court, Madras. +1cc to Mrs. A.L.Gandhimathi, Advocate in Sr.27741 W.P.No.11376 of 2020 KK (CO) RV (10/09/2020)