Tulsyan Nec Limited v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.17578 of 2023 Tulsyan NEC Limited, HT SC No.019094041823, D-4, Sipcot Industrial Complex, Gummidipoondi repd. by its General Manager, D.Eswaramoorthy ... Petitioner vs.
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Chennai North Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Chennai - 600 002.
... Respondents Prayer in W.P.No.17578 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the 1st and 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.92,35,610/- alone in 10 equal monthly installments, along with the regular current consumption charges.
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For Petitioner : Mr.R.S.Pandiyaraj (in all WPs) For Respondents : Mr.L.Jai Venkatesh (in W.P.Nos.17578, Standing Counsel 17580, 17583, 17584, 17589 & 17591 of 2023) For Respondents : Mr.S.Kalaiselvan (in W.P.Nos.17582, Standing Counsel 17585 & 17586 of 2023) For Respondents : Mr.I.Syed Sibghatulla (in W.P.No.17581 Standing Counsel of 2023) ****** COMMON ORDER Since the issue raised in these 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.L.Jai Venkatesh, learned Standing Counsel takes notice on behalf of the respondents in W.P.Nos.17578, 17580, 17583, 17584, 17589 and 17591 of 2023. Mr.S.Kalaiselvan, learned Standing Counsel takes notice on behalf of the respondents in W.P.Nos.17582, 17585 and 17586 of 2023. Mr.I.Syed Sigbhatulla, learned Standing Counsel takes notice on behalf of the respondents in W.P.No.17581 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 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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