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Madras High CourtWP/17223/2023disposed of

M/S.Krishna Alloys v. The Chairman And Managing Director

2023-06-09Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI M/s.Krishna Alloys, H.T.S.C.No.049094220110, Akkammapet P.O., Sankari Taluk, Salem District, Rep. by its Managing Partner, N.Anbalagan ... Petitioner vs.

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Mettur - 636 401 ...

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the 2nd respondent to permit the petitioner to pay the additional current consumption deposit of Rs.65,94,058/- in 10 monthly installments along with regular current consumption charges for its H.T.S.C.No.049094220110 of M/s.Krishna Alloys.

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For Petitioner : Mr.A.S.Balaji For Respondents : Mr.I.Syed Sibghatulla for TNEB ******

ORDER

This writ petition has been filed seeking for issuance of a writ of mandamus to direct the 2nd respondent to permit the petitioner to pay the additional current consumption deposit of Rs.65,94,058/- in 10 monthly installments along with regular current consumption charges for its H.T.S.C.No.049094220110 of M/s.Krishna Alloys.

2. The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the 2nd respondent to permit the petitioner to pay the respective Additional current consumption deposit of Rs.65,94,058/- in 10 equal monthly installments, along with the regular current consumption charges.

3. The counsel for the petitioner has brought to the notice of the Court that 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 Page No.2 of 4

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 cases, this Court is inclined to grant similar relief to the petitioner herein.

4. Accordingly, the Writ Petition is allowed and the petitioner is directed to pay the Additional Security Deposit of Rs.65,94,058/- 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.

09.06.2023 Index : Yes/No Speaking order / Non-speaking order (rap) Office to Note: Issue order copy on 09.06.2023 Page No.3 of 4

M.DHANDAPANI, J.

(rap) 09.06.2023 Page No.4 of 4