M/S. Gomathi Spinning Mills India Pvt Ltd, v. The Chairman ,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.16967, 16969 & 16971 of 2023 M/s.Gomathi Spinning Mills India Pvt Ltd S.F.No.182/1 & 182/2A, Umachivalasu, Sundakkampalayam Post, Kunnathur Via, Perundurai T.K.
Repd by its Authorized Signatory Karthikeyan.K ... Petitioner in W.P.No.16967of 2023 M/s.Sree Vijayalakshmi Textiles West Sambala Thottam, Kannampalayam, Kalapatty (west) Coimbatore Repd by its Authorized Signatory Karthikeyan.K ... Petitioner in W.P.No.16969 of 2023 M/s.Siva Tex S.F.No.120/1B, 5C, Marisilambu Road, Thumbalapatti, Repd by its Authorized Signatory M.Elango ... Petitioner in W.P.No.16971 of 2023 Page No.1 of 6
Vs.
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
... R1 in all Petitions 2.The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode. ... R2 in W.P.No.16967 of 2023 3.The Superintending Engineer, (TANGEDCO), Coimbatore North Electricity Distribution Circle, Tatabad, Coimbatore.
... R2 in W.P.No.16969 of 2023 4.The Superintending Engineer, (TANGEDCO), Dindigul Electricity Distribution Circle, Dindigul.
... R2 in W.P.No.16971 of 2023 Prayer in W.P.No.16967 of 2023 : 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.66,13,748/- alone in 10 equal monthly installments along with the regular current consumption charges. Page No.2 of 6
Prayer in W.P.No.16969 of 2023 : 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.14,48,459/- alone in 10 equal monthly installments along with the regular current consumption charges. Prayer in W.P.No.16971 of 2023 : 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.6,19,213/- alone in 10 equal monthly installments along with the regular current consumption charges. For Petitioner : Mr.Ali Hassan Khan (in all petitions) for M/s.S.Lakshmipathy For Respondents : Mr.I.Syed Sibghatulla, Standing Counsel for TNEB (in W.P.No.16967 of 2023) : Mr.L.Jaivenkatesh for TNEB (in W.P.Nos.16969 & 16971 of 2023) ****** Page No.3 of 6
ORDER
Since, the issue involved in all the petitions is one and the same, all these petitions are taken up for final disposal by way of a common order.
2. The above Writ Petitions have been filed for a direction to the respondents 1 and 2 to permit the petitioners to pay the respective Additional Security Deposit alone in 10 equal monthly installments, along with the regular current consumption charges.
3. Learned counsel for the petitioners 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, Page No.4 of 6
this Court is inclined to grant similar relief to the petitioner herein.
4. Accordingly, the above Writ Petitions are allowed and the petitioners are directed to pay the respective Additional Security Deposits 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 petitioners in accordance with law. No costs.
07.06.2023 Index : Yes/No NHS Page No.5 of 6
M.DHANDAPANI, J.
NHS To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, TANGEDCO, Erode Electricity Distribution Circle, Erode.
3.The Superintending Engineer, (TANGEDCO), Coimbatore North Electricity Distribution Circle, TataBad, Coimbatore.
4.The Superintending Engineer, (TANGEDCO), Dindigul Electricity Distribution Circle, Dindigul.
W.P.Nos.16967, 16969 &16971 of 2023 07.06.2023 Page No.6 of 6