Pvs Textiles P Ltd, v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.18940 of 2016 PVS Textiles (P) Ltd., HTSC No.16 Pethanaickenpalayam, Pongalur (Po), Avinashi TK, Coimbatore - 638 459 Repd.by its Manager V.Gowtham

...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, 19A-19B, Jothinagar, Perumanallur Road, Tirupur.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.28,41,919/- alone in 12 equal monthly instalments alongwith the regular current consumption charges. For Petitioner : Mr.M.Saravanakumar for Mr.R.S.Pandiyaraj For Respondents: Mr.S.K.Ramesjuwar,

O R D E R

By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner is running a mill and having HT Service Connection bearing No.16 from the second respondent for the purpose of manufacturing yarn for local markets. The second respondent, by letter dated 25.04.2016, demanded additional security deposit of Rs.28,41,919/-, over and above the existing deposit of Rs.26,26,011/- in one lumpsum. To pay the said additional security deposit in equal instalments, the petitioner has approached this Court with this writ petition.

3. Heard Mr.M.Saravanakumar, representing Mr.R.S.Pandiyaraj, learned counsel for the petitioner and Mr.S.K.Rameshuwar, learned counsel appearing for the respondents.

4. In an identical situation, this court, in W.P.No.15431 of 2015 dated 02.06.2015, 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 instalments alongwith regular current consumption charges. Since the issue involved in this case is an identical one and the payment is also with respect to additional security deposit, following the above said judgment, this Court is inclined to grant the relief to the petitioner to pay the additional security deposit in six equal monthly instalments.

5. In the result, this writ petition is disposed of with a direction to the petitioner to pay the additional security deposit of Rs.28,41,919/- in six equal monthly instalments alongwith regular current consumption charges, commencing from 1st week of July 2016, failing which it is open to the respondents to initiate appropriate action in accordance with law. No costs.

rgr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

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, 19A-19B, Jothinagar, Perumanallur Road, Tirupur.

+ 1 cc to Mr.R.S.Pandiyaraj, Advocate Sr 29811 KR/7/6/16 W.P. No.18940 of 2016