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Madras High CourtWP/18086/2023disposed of

Hi Tech Spinning Mills v. The Chairman Cum Managing Director

2023-06-19Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.17271 of 2023 Hi Tech Spinning Mills, Represented by its Proprietor, S.Jagadesh Chandran, H.T.S.C.No.039094390478, S.F.No.75/1, Appanaickenpatty Post, Sulur Via, Coimbatore - 641 402.

... Petitioner Vs.

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 56-B, Trichy Road, Palladam - 641 664, Tirupur District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent to permit the petitioner to pay the Additional Current Consumption Deposit amount of Rs.2,56,988/- (Rupees Two Lakhs Fifty Six Thousand Nine Hundred and Eighty Eight only) as per the petitioner letter dated 29.05.2023, for the petitioner Mill service connection H.T.S.C.No.039094390478, S.F.No.75/1, Appanaickenpatty Post, Sulur Via, Coimbatore - 641 402 in 6 (six) equal monthly installments. For Petitioner :

Mr.M.Kamalanathan For Respondents :

Mr.L.Jai Venkatesh for TANGEDCO

O R D E R

The petitioner has filed this Writ Petition seeking issuance of Writ of Mandamus directing the second respondent to permit the petitioner to pay the Additional Current Consumption Deposit amount of Rs.2,56,988/- (Rupees Two Lakhs Fifty Six Thousand Nine Hundred and Eighty Eight only) as per the petitioner letter dated 29.05.2023, for the petitioner Mill service connection H.T.S.C.No.039094390478, S.F.No.75/1,

Appanaickenpatty Post, Sulur Via, Coimbatore - 641 402 in 6 (six) equal monthly installments.

2. The learned counsel appearing for the petitioner has brought to the notice of the Court that 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 this case is identical to the one involved in the aforesaid cases, this Court is inclined to grant similar relief to the petitioner herein.

3. Accordingly, the Writ Petition is allowed and the petitioner is directed to pay the Additional Current Consumption Deposit to the second respondent in six equal monthly installments commencing from 1st July, 2023 and shall pay the installment 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. 19.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji Note: Issue order copy by 19.06.2023 To

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 56-B, Trichy Road, Palladam - 641 664, Tirupur District.

M.DHANDAPANI, J.

vji and W.M.P.No.17271 of 2023 19.06.2023