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Madras High CourtWP/21161/2023disposed of

M/S.Sri Kumaran Steels India Pvt Ltd., v. The Chairman

2023-07-17Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE M/s.Sri Kumaran Steels India Pvt. Ltd., S.F.No.302/1 Ararthou Village, Kangayam, Tiruppur, Rep. its Authorized Signatory Vinothkumar ... Petitioner Vs.

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

2.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.

... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent to permit the petitioner to pay Rs.58,54,568/- alone towards the Additional Security Deposit in 5 equal monthly installments along with the regular current consumption charges. 1/4

For Petitioner : Mr.S.P.Parthasarathy For Respondents : Mr.L.Jaivenkatesh Standing Counsel for TNEB

ORDER

1.1 In this case, the respondents have issued notice to make Additional Security Deposit of Rs.58,54,568/- with it, based on the average annual electricity charges for one year preceding the claim for such deposit. 1.2 The only prayer sought in this writ petition is that the petitioner seeks a direction of this Court to the second respondent to receive Additional Security Deposit, in five equal monthly installments.

2.Heard Mr.S.P.Parthasarathy, the learned counsel for the petitioner and Mr.L.Jaivenkatesh, learned Standing Counsel [TNEB] for the respondents.

3. The 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 Division Bench of this Court in 2/4

Tamil Nadu Electricity Board Vs. Mani Spinning Mills (P) Limited [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, this writ petition is allowed and this Court directs the petitioner to pay the additional security deposit now claimed by the second respondent in five equal monthly installments commencing from 15th July, 2023. If the petitioner defaults in making payment, it is open to the respondents to initiate appropriate action, in accordance with law. No costs. 17.07.2023 Anu Index : Yes / No 3/4

N.SESHASAYEE, J.

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

2.The Superintending Engineer, TANGEDCO, Palladam Electricity Distribution Circle, Palladam.

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