Modern Spinning Mills v. Tha Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and WMP.No.16656 of 2023 Modern Spinning Mills, Rep. By its Managing Partner, P.G.Saravanakumar, H.T.S.C.No.039094340340, S.F.No.151/1, Samathur Village, Pollachi Taluk, Pollachi - 642 123, Coimbatore District.
...Petitioner
vs.
1.
The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
2.
The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Post Box No.23, Eripalayam, Tiruppur Road, Udumalpet - 642 126.
...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 Page No.1 of 6
petitioner to pay the Additional Current Consumption Deposit amount of Rs.17,84,835/- (Rupees Seventeen Lakhs Eighty Four Thousand and Thirty Five only) for the petitioner Mill service connection H.T.S.C.No.039094340340 at S.F.No.151/1, Samathur Village, Pollachi Taluk, Pollachi - 642 123, Coimbatore District in six equal monthly instalments.
For Petitioner : Mr.M.Kamalanathan For Respondents : Mr.L.Jaivenkatesh, SC
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 Current Consumption Deposit amount of Rs.17,84,835/- for the petitioner Mill service connection H.T.S.C.No.039094340340, in six equal monthly installments.
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 Current Consumption Deposit amount of Rs.17,84,835/- 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.
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Index : Yes/No Speaking order : Yes/No NCC : Yes/No Note to office: Issue order copy on 14.06.2023. To 1.
The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
2.
The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Post Box No.23, Eripalayam, Tiruppur Road, Udumalpet - 642 126.
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M.DHANDAPANI., J.
skt and WMP.No.16656 of 2023 Page No.5 of 6
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