← Library
Madras High CourtWP/17268/2023disposed of

Rajkamal Textiles 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.16421 of 2023 Rajkamal Textiles, Represented by its Managing Director, C.Rajendran, HTSC No.039094390267 S.F.No.238/3, TherkuThottam, Appanickenpatti Post, Sulur Via, Palladam Taluk, Coimbatore-641 402.

... Petitioner vs.

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) No.144, Anna Salai, Chennai - 600002.

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.20,91,576/- (Rupees Twenty Lakhs Ninety One Thousand Five Hundred and Seventy Six Only) for the petitioner Mill service connection HT SC No.039094390267 at S.F.No.238/3, TherkuThottam, Appanickenpatti Post, Surlur Via, Palladam Taluk, Coimbatore-641 402 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 Office Note: Issue order copy on 16.06.2023 Page No.3 of 4

M.DHANDAPANI, J.

NHS To

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) No.144, Anna Salai, Chennai - 600002.

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