M/S.Sri Sundaraganapathy Spinning Mills (P) Ltd., v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Friday, the Ninth day of October Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE N.ANAND VENKATESH WP No.14143 of 2020 and WMP.No.17585 of 2020 M/S.SRI SUNDARAGANAPATHY [ PETITIONER IN BOTH THE PETITIONS ] SPINNING MILLS (P) LTD.,, REP BY ITS MANAGING DIRECTOR, NO.26, AMMAPET, SALEM 636 003 Vs 1 THE CHAIRMAN [ RESPONDENTS IN BOTH THE PETITIONS ] TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION (TANGEDCO), NO.
144, ANNA SALAI, CHENNAI - 600002 2 THE SUPERINTENDING ENGINEER SALEM ELECTRICITY DISTRIBUTION CIRCLE, SALEM - 636014 3 THE ASSISTANT ENGINEER, (OPERATION AND MAINTENANCE), TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION (TANGEDCO) SALEM Writ petition filed under Article 226 of the Constitution of India praying for a issue a writ of certiorarified mandamus to call for the records f the 2nd respondent pertaining to the proceedings in Lr.No.SE/SECG/AOR/AAO-HT/F.HTSC.No.176/PR.No.533/2020 dated 01.09.2020 quash the same as illegal and contrary to law and consequently directing the respondents to consider the Latter dated 25.08.2020 sent by the petitioner thereby grant 10 equal monthly installments to pay the current consumption charges for a sum of Rs.18,91,254/- along with future monthly bills(in WP.No.
14143/2020)and (ii)to grant an interim injunction restraining the respondents 1 to 3 not to disconnect the electricity connection in HTSC No. 049094240176(in WMP.No.17585/2020) pending disposal of the above WP.No.14143/2020 respectively.
Order :These petitions coming on this day for hearing upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.S.SIVANANDAM, Advocate for the petitioner in both the petitions and of MR.N.DAMODHARAN, Standing Counsel for the respondents in both the petitions the court made the following order:- Mr.N.Damodharan, learned Standing Counsel takes notice for respondents. The petitioner has approached this Court with a request to permit the petitioner to pay the current consumption charges amounting to a sum of Rs.18,91,254/- in instalments. The request made by the petitioner was rejected by the respondents on the ground that the current consumption charges cannot be permitted tobe paid in instalments.
2.Taking into consideration the peculiar facts and circumstances of the case, there shall be a direction to the petitioner to pay 50% out of 18,91,254/- on or before 18.11.2020.
3.Post this case under the caption for "Reporting Compliance" on 20.11.2020. On that day, this Court will pass final orders. In the meantime, the respondents are directed not to disconnect the electricity connection.
-sd/- 09/10/2020 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE CHAIRMAN TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION (TANGEDCO), NO.144, ANNA SALAI, CHENNAI - 600002 2 THE SUPERINTENDING ENGINEER SALEM ELECTRICITY DISTRIBUTION CIRCLE, SALEM - 636014
3 THE ASSISTANT ENGINEER, (OPERATION AND MAINTENANCE), TAMIL NADU ELECTRICITY GENERATION AND DISTRIBUTION CORPORATION (TANGEDCO) SALEM C.C. to M/S.S.SIVANANDAM Advocate Order in WP No.14143 of 2020 and WMP.No.17585 of 2020 Date :09/10/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(16/10/2020)