M/S.Avanti Metals Private Limited v. The Chairman And Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI M/s.Avanti Metals Private Limited, HT.SC.No.069094450108, No.7/1&4/3, Komal Road, Maruthur Village, Therizhandur Post, Kuttalam Taluk, Nagapattinam District, Rep. by its Chief Executive Officer, Mr.R.Ramesh ... Petitioner in W.P.No.17494 of 2023 M/s.Arise Industries and Agency Pvt. Ltd., HT.SC.No.069094420206, SF No.22/1A, Musiri Thuraiyur Main Road, Jambunathapuram Musiri Taluk, Rep. by its Deputy General Manager, Mr.C.Ravi ... Petitioner in W.P.No.17495 of 2023 vs.
1.The Chairman, TANGEDCO, 800, Anna Salai, Chennai - 600 002.
... 1st Respondent in both WPs Page No.1 of 6
2.The Superintending Engineer, Nagapattinam Electricity Distribution Circle, TANGEDCO, No.36, Sattayappar East Street, Nagapattinam - 611 001.
... 2nd Respondent in W.P.No.17494 of 2023 3.The Superintendent Engineer, Trichy Electricity Distribution Circle, Metro/TNEB, Mannarpuram - 620 020, Trichy District.
... 2nd Respondent in W.P.No.17495 of 2023 Prayer in W.P.No.17494 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the second respondent to permit the petitioner to pay the balance Additional Security Deposit of Rs.6,14,58,335/- alone in 12 equal monthly installments, along with the regular current consumption charges for its H.T. Service Connection No.069094450108, M/s.Avanti Metals Private Limited.
Prayer in W.P.No.17495 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the second respondent to permit the petitioner to pay the balance Additional Security Deposit of Rs.10,40,51,629/- alone in 15 equal monthly installments, along with the regular current consumption charges for its H.T. Service Connection No.069094420206, M/s.Arise Industries and Agency Pvt. Ltd.
For Petitioner :
Mr.V.S.Sivasundaram Page No.2 of 6
(in all WPs) For Respondents :
Mr.D.B.R.Prabhu (in W.P.No.17494 Standing Counsel of 2023) For Respondents :
Mr.D.Suresh Kumar (in W.P.No.17495 Standing Counsel of 2023) ****** COMMON ORDER Since the issue raised in both the writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions were heard together and disposed of by this common order.
2. Mr.D.B.R.Prabhu, learned Standing Counsel takes notice on behalf of the respondents in W.P.No.17494 of 2023. Mr.D.Suresh Kumar learned Standing Counsel takes notice on behalf of the respondents in W.P.No.17495 of 2023.
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3. The learned counsel for the respective petitioners 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] - (W.A.(MD) Nos.407 to 412 of 2012 dated 02.08.2012). Since the issue involved in these cases is identical to the one involved in the aforesaid case, this Court is inclined to grant similar relief to the petitioners herein.
4. Accordingly, the Writ Petitions are disposed of and the petitioners are directed to pay the respective Additional Security Deposit to the second respondent in respective writ petitions 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 in respective writ petitions to initiate appropriate action against the petitioners in accordance with law. No Page No.4 of 6
costs.
14.06.2023 Index : Yes/No Speaking order / Non-speaking order Note: Issue order copy on 14.06.2023.
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M.DHANDAPANI, J.
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