M/S.Super Cotton Mills v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI M/s.Super Cotton Mills, Represented by its Partner Mr.M.Thangaraj, S.F.No.87/1, Annur Road, Kittapalayam Post Office, Karumathampatti Village, Coimbatore - 641 659.
... Petitioner vs.
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Coimbatore - South Electricity Distribution Circle, Coimbatore.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the 1st and 2nd respondents to permit the petitioner firm, having the High tension service connection No.039094320868, to pay the Additional Current Consumption Deposit of Page No.1 of 4
Rs.32,63,000/- alone in 12 equal monthly installments along with the regular current consumption charges.
For Petitioner : Mr.A.E.Ravi Chandran For Respondents : Mr.L.Jai Venkatesh Standing Counsel *****
ORDER
The petitioner has filed this Writ Petition seeking issuance of Writ of Mandamus, to direct the respondents to permit the petitioner firm to pay the Additional Current Consumption Deposit of Rs.32,63,000/- alone in 12 equal monthly installments, along with the regular current consumption charges.
2. Mr.L.Jai Venkatesh, learned Standing Counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The 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 Page No.2 of 4
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 this case is identical to the one involved in the aforesaid case, this Court is inclined to grant similar relief to the petitioner herein.
4. Accordingly, the Writ Petition is disposed of and the petitioner is directed to pay the Additional Current Consumption Deposit of Rs.32,63,000/- to the 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 petitioner in accordance with law. No costs.
16.06.2023 Index : Yes/No Speaking order / Non-speaking order Note: Issue order copy on 16.06.2023.
sp Page No.3 of 4
M.DHANDAPANI, J.
sp To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Coimbatore - South Electricity Distribution Circle, Coimbatore.
16.06.2023 Page No.4 of 4