Madras High CourtWP/22406/2021disposed of

M/S.K.B.M.Trading Corporation (P) Ltd v. The Tamilnadu Generation And Distribution

2021-10-25Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2021

CORAM:

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P. No.22406 of 2021 and WMP No.23650 of 2021 M/s.K.M.B. Trading Corporation (p) Ltd Rep. by its Director K.Shoukath Ali .. Petitioner Vs

1. The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) Represented by its Director, Anna Salai, Chennai.

2. The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Salem 600 002.

..Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in proceedings in LR.No.SE/SEDC/ AAO/AOR/ASH/Asst/HT/F.HTSC No.285/D.371/2020 dated 02.08.2021 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondents and to further direct the first respondent to permit the petitioner to pay any such due amount in six equal instalments in a span of month. For Petitioner : Ms.K.Abhirame For Respondents : Mr.M.Abulkalam Standing counsel

ORDER

This writ petition has been filed challenging the impugned proceedings of the second respondent dated 02.08.2021, wherein the petitioner has been directed to pay a sum of Rs.9,27,385/- towards the current consumption charges, which pertains to the months of April '2020 to August '2020.

2. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

3.This Court has carefully considered the submissions made on either side and the materials available on record.

4. The second respondent has given sufficient reasons for demanding an amount of Rs.9,27,385/- towards the current consumption charges and the split up of the amounts for the months of April '2020 to August '2020 has been clearly explained in the impugned letter. Under such circumstances, this Court does not find any ground to interfere with the same.

5. The learned counsel for the petitioner submitted that some time may be given to the petitioner to pay this amount. Such a request was made by the learned counsel for the petitioner considering the Pandemic situation and the financial constraints undergone by the petitioner Company.

6. Taking into consideration the facts and circumstances of the case and the prevailing situation, this Court is inclined to grant some time to the petitioner to pay the current consumption charges in instalments. Under normal circumstances, the current consumption charges cannot be paid in instalments and such a relief is granted to the petitioner only after considering the pandemic situation. Therefore, this order cannot be taken as a precedent in any other case.

7. In view of the above discussion, this writ petition is disposed of with a direction to the petitioner to pay the sum of Rs.9,27,385/- in three equal monthly instalments starting from November 2021 onwards. The amount shall be paid on or before the 5th of every month. This payment will be in addition to the current consumption charges that are due and payable by the petitioner for the current consumed during the relevant months. It is made clear that if the petitioner defaults in complying with any of the conditions imposed by this Court, it is left open to the respondents to proceed further in accordance with law against the petitioner without any further reference to this Court. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar RR

1. Represented by its Director, The Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) Anna Salai, Chennai.

2. The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Salem 600 002.

W.P.No.22406 of 2021 PCH (CO) K.RK. (10.11.2021)