M/S.Indo Shell Mould Limited - Sez Unit v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2020
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.13037 of 2020 M/s.Indo Shell Mould Limited - Sez Unit HTSC No.404 A-9, SIDCO Industrial Estate, Coimbatore-641 021.
Rep. By its Authorized Signatory R.Jayapal.
... Petitioner Vs.
1.The Chairman, Corporation Limited, No.144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Erode Electricity Distribution Circle, Corporation Limited, (TANGEDCO), Erode.
...Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the 1st and 2nd respondents to permit the petitioner to pay the Additional Security Deposit of Rs.4,59,573/- alone in 10 equal monthly instalments along with the regular current consumption charges. Page No.1/6
For Petitioner : Mr.S.R.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.45,59,573/- 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 Page No.2/6
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 25.08.2020 to the respondents to permit the petitioner to pay the Additional Security Deposit/ Additional current consumption deposit in six 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 six 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 Page No.3/6
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 six equal monthly instalments and the first instalment shall be paid on or before 28.09.2020. 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. 19.09.2020 Note:To upload the order by 19.09.2020 Index:Yes/No Internet:Yes/No rli To 1.The Chairman, Corporation Limited, No.144, Anna Salai, Page No.4/6
Chennai-600 002.
2.The Superintending Engineer, Erode Electricity Distribution Circle, Corporation Limited, (TANGEDCO), Erode.
3.The Government Pleader, High Court, Madras.
Page No.5/6
N.ANAND VENKATESH, J., rli W.P.No.13037 of 2020 19.09.2020 Page No.6/6