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Madras High CourtWP/17266/2023disposed of

Pongalur Spinning Mills P Ltd v. The Chairman Cum 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 and W.M.P.No.16420 of 2023 Pongalur Spinning Mills P Ltd Represented by its Managing Director, S.Ramgamathan HT SC No.039094390237 SF No.217/1A, Ugayanur Road, Pongalur, Palladam Taluk, Tirupur District-641 667.

... Petitioner vs.

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, Limited (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Limited (TANGEDCO) 56-b. Trichy Road, Palladam-641 664, Tirupur District. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue the Writ of Mandamus or any other appropriate writ or Order or Direction in the nature of Writ directing the 2nd Respondent to Page No.1 of 4

permit the petitioner to pay the Additional Current Consumption Deposit amount of Rs.9,14,556/- (Rupees Nine Lakhs Fourteen Thousand Five Hundred and Fifty Six Only) for the petitioner Mill service connection HT SC No.039094390237 at S.F.N.217/1-A, Ugayanur Road, Pongalur-641 667, Palladam Taluk, Tirupur District in 6(six) equal monthly instalments.

For Petitioner : Mr.M.Kamalanathan For Respondents : Mr.L.Jai Venkatesh Standing Counsel ******

ORDER

The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the 2nd respondent to permit the petitioner to pay the Additional Current Consumption Deposit in Six equal monthly installments, along with the regular current consumption charges.

2. Mr.L.Jaivenkatesh, learned Standing Counsel takes notice for respondents.

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 Page No.2 of 4

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

4. Accordingly, the Writ Petition is disposed of and the petitioner is directed to pay the Additional Current Consumption Deposit 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. Consequently, connected Miscellaneous Petition is closed. 09.06.2023 Index : Yes/No Speaking order / Non-speaking order NHS Page No.3 of 4

Office Note: Issue order copy on 16.06.2023 M.DHANDAPANI, J.

NHS To

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, Limited (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Limited (TANGEDCO) 56-b. Trichy Road, Palladam-641 664, Tirupur District.

09.06.2023 Page No.4 of 4