M/S. Jothi Melters (India) Pvt. Ltd., v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.15223 of 2019 M/s.Jothi Melters (India) Pvt. Ltd., HTSC No.189 S.F.No.493/2, Peranikanpudur Road Punjaipuliyampatti Village Sathiyamangalm Taluk, Erode Represented by its Authorised Signatory Mr.R.Kannan

...Petitioner

Vs.

1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002 2.The Superintending Engineer TANGEDCO Tiruppur Electricity Distribution Circle Tiruppur ... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the 1st and 2nd respondents to permit the petitioner to pay the Additional Security Deposit of Rs.65,67,897/- alone in 6 equal monthly instalments along with the regular current consumption charges.

For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.P.R.Dilip Kumar SC for TNEB

O R D E R

By consent the Writ Petition itself is taken up for final disposal.

2.The petitioner has filed this Writ Petition seeking issuance of Writ of Mandamus, directing the 1st and 2nd respondents to permit the petitioner to pay the Additional Security Deposit of Rs.65,67,897/- alone in 6 equal monthly instalments along with the regular current consumption charges.

3.The learned counsel for the petitioner has brought to the notice of this Court that an order in W.P.No.11500 of 2017 has been passed by this Court, in which, the learned Single Judge has followed the decision of the Division Bench 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]. Since the issue involved in this case is identical to the one involved in the aforesaid case, he prayed this Court that a similar order may be

passed in the writ petition also.

3.The learned Standing Counsel appearing for the respondents did not dispute the above facts.

4.In view of the above, this Court is inclined to grant a similar relief to the petitioner herein. Hence, the petitioner is directed to pay the additional security deposit in six consecutive monthly instalments. The petitioner shall pay Rs.17,00,000/- (Rupees Seventeen Lakhs only) towards the first instalment, which shall be paid on or before 04.07.2019. The remaining instalments shall be paid on or before the 15th of every succeeding English Calender month upto 15th December 2019.

5.This Writ Petition is allowed accordingly. No costs. 04.06.2019 kas

M.DHANDAPANI, J.

kas To 1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai 600 002 2.The Superintending Engineer TANGEDCO Tiruppur Electricity Distribution Circle Tiruppur W.P.No.15223 of 2019 04.06.2019