R.K.Steel Manufacturing Co, Pvt Ltd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-09-2020
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.12726 of 2020 R.K.Steel Manufacturing Co. Pvt. Ltd., HTSC No.484, NN5, SIPCOT Industrial Growth Centre, Ingur-Village, Perundurai, Erode District, Pin 638 052 repd. By its Director Abhishek Bhalotia.
... Petitioner Vs.
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Erode Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Erode.
....Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the 1st and 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.27,81,357/- alone in 10 equal monthly instalments along with the regular current consumption charges and pass orders.
For Petitioner : Mr.R.S.Pandiyaraj 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 / Additional current consumption deposit amount in 10 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 23.07.2020 to pay the Additional Security Deposit / Additional current consumption deposit of Rs.27,81,357/- over and above the existing deposit in one lump sum. 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 / Additional current consumption deposit in one lump sum. The petitioner has therefore made a representation on 01.
09.2020 to the respondents to permit the petitioner to pay the Additional Security Deposit/ Additional current consumption 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 Mr.R.S.Pandiyaraj, learned counsel appearing on behalf of the petitioner and Mr.N.Damodharan, learned Standing Counsel appearing on behalf of the respondents. 5.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 10 instalments. Useful reference can be made to the order of this Court in W.P.No.10947 of 2017 and W.P.No.11686 of 2018.
6.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 Additional Security Deposit / Additional current consumption deposit claimed by the second respondent in 6 equal monthly instalments and the first instalment shall be paid on or before 21.09.2020. 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.
7.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Erode Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Erode.
+1cc to Mr.R.S.Pandiyaraj, Advocate Sr.30318 W.P.No.12726 of 2020 ssv[co] srg 22/10/2020