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Madras High CourtWP/16386/2024allowed

T.K.S.Spinning Mills Pvt Ltd v. Tamilnadu Generation And Distribution Corporation Ltd

2024-06-24Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2398

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH T.K.S.Spinning Mills Pvt Ltd., Rep. By its Managing Director, Mr.S.Dhanasekaran Mettupatti Post, Salem - 636 111.

.. Petitioner vs 1.Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai - 600 002 Rep. By its Chairman-cum-Managing Director.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Salem Electricity Distribution Circle, Salem - 14.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent herein to refund the Security Deposit to the petitioner as per the petitioner's representations dated 12.06.2023, 15.03.2024, 28.03.2024 & 12.04.2024 as per the 2nd respondent's letter No. SE/SEDC/AQR/HT/ASII/PF.119/A/C's Close/D.79/24, dated 03.02.2024 within a specific time period.

For Petitioner :

Mr.J.Rajesh For Respondents :

Mr.I.Syed Sibghatullah Standing Counsel 1/4

ORDER

The petitioner prays for a mandamus directing the second respondent, being the Superintending Engineer, Salem to consider the petitioner's representations dated 12.06.2023, 15.03.2024, 28.03.2024 & 12.04.2024 and refund the security deposit. 2.

The petitioner's security deposit is in respect of service connection in HSTC No.119. The deposit was made in the year 1989. The petitioner states that it was unable to run the business after some time and the establishment was hence closed. There is also no arrears in respect of the period of usage. In fact, vide letter dated 03.02.2024, R2 also admits to this position and states that the petitioner's refund would be made, at the earliest, despite which there has been no progress till date.

3.

Mr.I.Syed Sibghatullah, who accepts notice for the respondents would accede to the fact that there is no arrears and the petitioner is entitled to return of the deposit. 4.

In light of the above position, mandamus is issued to R2 as prayed for, to consider representations dated 12.06.2023, 15.03.2024, 28.03.2024 & 12.04.2024 and pay over the security deposit to the petitioner within a period of four weeks from date of receipt of a copy of this order. Writ petition stands allowed in terms of this order. No costs. 24.06.2024 Index:Yes/No ssm 2/4

To 1.The Chairman-cum-Managing Director Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 10th Floor, 144, Anna Salai, Chennai - 600 002 2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Salem Electricity Distribution Circle, Salem - 14.

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DR. ANITA SUMANTH,J.

ssm 24.06.2024 4/4