M/S. Mnellaiyah Rolling Mill Private Ltd., v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.18747 of 2023 M/s.MNellaiyah Rolling Mill Private Ltd., Plot No.B13N and B13S, Sipcot Industrial Complex, Gummidipondi, Gummidipondi - 601 201, Represented by its Managing Director.
... Petitioner vs.
1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution, Corporation Limited, NP.K.K.R.Maaligai, 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Chennai E.D.C / North, No.800, Anna Salai, Chennai - 600 002.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the second respondent to permit the petitioner to pay the Additional Current Consumption Deposit Page No.1 of 4
of Rs.3,31,64,292.00/- as demanded in the 2nd Respondent's letter dated 01.06.2023 in Lr.No.SE/CHENNAI (NORTH) 019094042161/D.No./23 Dt.01.06.2023 in ten equated monthly installments along with the regular monthly current consumption charges.
For Petitioner : Mr.J.Suresh For Respondents : Mr.L.Jai Venkatesh Standing Counsel ******
ORDER
The petitioner has filed the Writ Petition seeking for issuance of a Writ of Mandamus, directing the second respondent to permit the petitioner to pay the Additional Current Consumption Deposit of Rs.3,31,64,292.00/- as demanded in the 2nd Respondent's letter dated 01.06.2023 in Lr.No.SE/CHENNAI (NORTH) 019094042161/D.No./23 Dt.01.06.2023 in 10 equated monthly installments along with the regular monthly current consumption charges.
2. The counsel 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 Page No.2 of 4
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 Security Deposit of Rs.3,31,64,292.00/- 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. Consequently connected miscellaneous petition is closed. 30.06.2023 Index : Yes/No Speaking order / Non-speaking order (rap) Office to Note: Issue order copy on 30.06.2023 Page No.3 of 4
M.DHANDAPANI, J.
(rap) 30.06.2023 Page No.4 of 4