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Madras High CourtWP/12887/2020disposed of

Sri Pavithra Cotton Mills P Ltd v. The Chairman Cum Managing Director

2020-09-17Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.12887 of 2020 & WMP.No.16024 of 2020 Sri Pavithra Cotton Mills P. Ltd., represented by its Managing Director A.Karunakaran HT SC No.039094350406 82, Raytar Thottam, Kannamapalayam Post, Sulur Via, Coimbatore 641 402 ... Petitioner Vs.

1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Coimbatore Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), TNEB Complex, TATABAD, Post Box No.2959, Coimbatore 641 012

...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.53,21,288/- for the petitioner Mill service connection HTSC No.039094350406 at 82, Rayar Thottam, Kannampalayam Post, Sulur Via, Coimbatore 641 402 in six equal monthly instalments .

For Petitioner : Mr.Kamalanathan 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 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 04.08.2020 to pay the Additional Security Deposit / Additional current consumption deposit of Rs.53,21,288/- 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 02.

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.Kamalanathan, 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. Consequently, the connected WMP.No.16024 of 2020 is closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar msr To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Coimbatore Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), TNEB Complex, TATABAD, Post Box No.2959, Coimbatore 641 012 +1cc to Mr.Kamalanathan, Advocate, S.R.No. 30635 W.P.No.12887 of 2020 & WMP.No.16024 of 2020 MG(CO) GN(23/09/2020)