Sri Vignesh Yarns Private v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.18352 of 2016 Sri Vignesh Yarns Private Limited HTSC No.8, 88 (F), 17-C, Kamaraj Road, Tirupur - 641 604 rep by its Manager M.Thangavel ... Petitioner Vs.

1.The Chairman, Tamil Nadu General and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Tirupur Electricity Distribution Circle, 19A-19B, Jothinagar, Perumanallur Road, Tirupur.

... Respondents Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to permit the petitioner to permit the petitioner to pay the additional Security Deposit of Rs.10,92,979/- alone in 12 monthly instalments along with the regular current consumption charge.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.K.Rameshwar

O R D E R

By consent, the Writ Petition has been taken up for final disposal.

2.The learned counsel appearing for the petitioner would submit that the petitioner is having a HT service connection bearing No.8 under the control of the 2nd respondent and is carrying on activities of manufacturing yarn for local markets,

thereby, providing employment opportunities to the rural people. It is the submission of the learned counsel for the petitioner that the 2nd respondent vide impugned letter dated 25.04.2016 has called upon the petitioner to pay the Security Deposit of Rs.10,92,979/- over and above the existing deposit of Rs.69,32,151/- in one lump sum and in the light of the prevailing business conditions, it may not be possible for them to deposit in one lump sum and therefore, submitted a representation dated 02.05.2016 to the 2nd respondent praying for appropriate permission to pay the said amount in instalments. Since no orders have been passed, the petitioner has come forward to file this Writ Petition.

3.The learned counsel appearing for the petitioner has drawn the attention of this Court to the order dated 02.06.2015 in W.P.No.15431 of 2015 and the order dated 12.05.2016 in W.P.No.17691 of 2016 and would submit that in similar facts and circumstances, this Court has permitted the concerned petitioners to pay the amount in instalments and prays for appropriate orders.

4.Heard the submissions of Mr.S.K.Rameshwar, who accepts notice on behalf of the respondents.

5.In the light of the above facts and circumstances, this Court permits the petitioner to pay the sum of Rs.10,92,979/- in six equal monthly instalments and the 1st instalment shall commence from June 2016 and the 2nd respondent is directed to accept the same along with the regular consumption charges. 6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Chairman, Tamil Nadu General and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Tirupur Electricity Distribution Circle, 19A-19B, Jothinagar, Perumanallur Road, Tirupur.

+1cc to Mr.R.S.Pandiyaraj, Advocate sr.28753 W.P.No.18352 of 2016 ksj(CO) srg(26/05/2016)