Sowmiya Spinners Pvt Ltd v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Sowmiya Spinner Pvt Ltd., S.F.No.535/2A, 2B, 525/1-B, K.G.Palayam Village, Kariyampalayam, Annur - 641 653, Coimbatore.
Repd. by its Authorized Signatory P.Mohan Raj ... Petitioner vs.
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, (TANGEDCO), Coimbatore North Electricity Distribution Circle, TataBad, Coimbatore.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the 1st and 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.1,10,46,521/- alone in 10 equal monthly installments along with the regular current consumption charges.
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For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.L.Jai Venkatesh Standing Counsel ******
ORDER
The petitioner has filed this Writ Petition seeking issuance of Writ of Mandamus, directing the respondents 1 and 2 to permit the petitioner to pay the Additional Security Deposit of Rs.1,10,46,521/- alone in 10 equal monthly installments, along with the regular current consumption charges.
2. The counsel for the petitioner has brought to the notice of the Court, an earlier order passed by this Court in W.P.No.11500 of 2017, 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, this Court is inclined to grant similar relief to the petitioner herein. Page No.2 of 4
3. Accordingly, the Writ Petition is allowed and the petitioner is directed to pay the Additional Security Deposit of Rs.1,10,46,521/- to the second respondent in six equal monthly installments along with the regular current consumption charges, commencing from 1st July, 2023 and shall pay the installments on or before 10th of every succeeding English Calendar month, failing which, it is open to the respondents to initiate appropriate action against the petitioner in accordance with law. No costs.
02.06.2023 Index : Yes/No Speaking order / Non-speaking order sp Note: Issue order copy on 06.06.2023.
To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, (TANGEDCO), Coimbatore North Electricity Distribution Circle, TataBad, Coimbatore.
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M.DHANDAPANI, J.
sp 02.06.2023 Page No.4 of 4