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Madras High CourtWP/17436/2023allowed

M/S.Sai Krishna Steel Industries v. The Tamil Nadu Generation And Distribution

2023-06-13Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and WMP.No.16593 of 2023 M/s. Sai Krishna Steel Industries, Rep. By its General Manager, SF.No.196/1 & 198/2B, K.Thippanapalli Village, Nedumaruthi Post, Billanakuppam Panchayat, Krishnagiri Taluk, Krishnagiri District.

...Petitioner

vs.

1.

The Tamil Nadu Generation and Distribution Corporation Limited, Rep. By its Chairman, 10th floor NPKRR Maaligai, 144, Anna Salai, Chennai - 600 006.

2.

The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Krishnagiri Electricity Distribution Circle, 110 KV SS Complex, Rayakottai Road, Krishnagiri - 635 002, Krishnagiri District. ...Respondents 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 Security Deposit of Rs.2,17,99,760/- in 15 monthly equal installments, along with the regular current consumption charges pursuant to the demand made in Page No.1 of 6

Lr.No.SE/KRISHNAGIRI 089094210803/D.No./23 dated 19.05.2023, by considering the petitioner's representation dated 26.05.2023. For Petitioner : Mr.N.Manoharan For Respondents : Mr.S.Madhusudanan

O R D E R

The petitioner has come up with this Writ Petition seeking direction to the 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.2,17,99,760/- in 15 monthly equal installments, along with the regular current consumption charges pursuant to the demand made in Lr.No.SE/ KRISHNAGIRI 089094210803/D.No./23 dated 19.05.2023, by considering the petitioner's representation dated 26.05.2023.

2. Learned 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] - Page No.2 of 6

(W.A.(MD) Nos.407 to 412 of 2012 dated 02.08.2012) and permitted the petitioner therein to pay the additional security deposit in six equal monthly installments along with regular current consumption charges. Since the issue involved in the present case is identical to the one involved in the aforesaid case, this Court is inclined to grant similar relief to the petitioner herein.

3. Accordingly, this Writ Petition is allowed and the petitioner is directed to pay the Additional Security Deposit of Rs.2,17,99,760/- to the 2nd 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. 13.06.2023 skt Index : Yes/No Speaking order : Yes/No Page No.3 of 6

NCC : Yes/No Note to office: Issue order copy on 14.06.2023. To 1.

The Tamil Nadu Generation and Distribution Corporation Limited, Rep. By its Chairman, 10th floor NPKRR Maaligai, 144, Anna Salai, Chennai - 600 006.

2.

The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited,, Krishnagiri Electricity Distribution Circle, 110 KV SS Complex, Rayakottai Road, Krishnagiri - 635 002, Krishnagiri District.

Page No.4 of 6

M.DHANDAPANI., J.

skt and WMP.No.16593 of 2023 Page No.5 of 6

13.06.2023 Page No.6 of 6