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Madras High CourtWP/17449/2023allowed

M/S. Pallava Textiles P Ltd v. The Chairman

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 W.P.No.17449 of 2023:

M/s. Pallava Textiles P Ltd., HTSC No.049094220189, Mangarangampalayam, Veerachipalayam (Po), Sankagiri West, Salem District.

Rep. by its Authorized Signatory, S.P.Satheesh Kumar

...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, TANGEDCO, Mettur Electricity Distribution Circle, Mettur Dam.

...Respondents

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st & 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Page No.1 of 6

Rs.1,59,38,238/- alone in 10 equal monthly installments, along with the regular current consumption charges.

For Petitioner : Mr.R.S.Pandiyaraj (in all W.P's.) For Respondents : Mr.I.Syed Sibghatulla,SC (in W.P.Nos.17449, 17451 & 17454 of 2023) : Mr.S.Kalaiselvan (in W.P.Nos.17452, 17453, 17455 & 17457 of 2023) C O M M O N O R D E R Since the issue involved in all these Writ petitions are similar in nature, they are disposed of by way of this common order.

2. The petitioners have come up with these Writ Petitions seeking direction to the 1st & 2nd respondents to permit the petitioners to pay their respective Additional Security Deposit 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, Page No.2 of 6

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) 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 these cases are identical to the one involved in the aforesaid case, this Court is inclined to grant similar relief to the petitioners herein.

4. Accordingly, these Writ Petitions are allowed and the petitioners are directed to pay their respective Additional Security Deposit to the respective 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.

13.06.2023 Page No.3 of 6

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

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

2.

The Superintending Engineer, TANGEDCO, Mettur Electricity Distribution Circle, Mettur Dam.

Page No.4 of 6

M.DHANDAPANI., J.

skt Page No.5 of 6

13.06.2023 Page No.6 of 6