Lucky Weaves India P Ltd., v. The Chairman And Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.26336, 26339, 26340 and 26341 of 2024 LUCKY WEAVES INDIA P LTD., 108 KOMARAPALAYAM MAIN ROAD, PALLIPALAYAM, ERODE 638006.
REPD BY ITS MANAGING DIRECTOR, P. VISWANATHAN.
...Petitioner in W.P.no.26336 of 2024
M/S.LUCKY YARN TEX INDIA PVT Ltd., NO.290/2 ANANGUR VILLAGE, KUMARAPALAYAM TALUK, NAMAKKAL DISTRICT, REPD BY ITS AUTHORIZED SIGNATOR G.DORAISAMY.
...Petitioner in W.P.no.26339 of 2024
M/S.D.R.SPINNING MILL. , S.F.NO.108/1B, 2B, 108/3 108/4, MS MANAGALAM, KASPAPETTAI VILLAGE, ODAKKURUCHI TALUK, ERODE, REPD BY ITS AUTHORIZED SIGNATORY JAIABISHEK.
...Petitioner in W.P.No.26340 of 2024
M/S.SHIVASAKTHI MILLS S.F.NO.552/2, ODAKKAL PALAYAM, KOKKAM, PALAYAM POST, DHARAPURAM TALUK, TIRUPPUR 638702, REPD BY ITS AUTHORIZED SIGNATORY PRAVIN K.
... Petitioner in W.P.No.26341 of 2024 1/6
Vs.
1 The Chairman and Managing Director, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.
2 The Superintending Engineer, NAMAKKAL ELECTRICITY DISTRIBUTION CIRCLE, CORPORATION LIMITED, NAMAKKAL.
.... Respondents in W.P.No.26336 & 26339 of 2024 1 The Chairman and Managing Director, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144 ANNA SALAI, CHENNAI 600 002.
2 The Superintending Engineer ERODE ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED ERODE.
... Respondents in W.P.No.26340 of 2024 1 The Chairman and Managing Di rector TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED 144 ANNA SALAI CHENNAI 600 002.
2 The Superintending Engineer PALLADAM ELECTRICITY DISTRIBUTION CIRCLE CORPORATION LIMITED PALLADAM.
...Respondents in W.P.No.26341 of 2024
Prayer in W.P.no.26336 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus Directing the 1st and 2/6
2nd Respondent to permit the petitioner to pay the Additional Security Deposit of Rs 1, 14, 51, 679/- alone in 7 equal monthly installments along with the regular current consumption charges. Prayer in W.P.no.26339 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st and 2nd Respondent to permit the petitioner to pay the Additional Security Deposit of Rs 98, 78, 007/- alone in 7 equal monthly installments along with the regular current consumption charges.
Prayer in W.P.no.26340 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus Directing the 1st and 2nd Respondent to permit the petitioner to pay the Additional Security Deposit of Rs 15, 47, 755/- alone in 7 equal monthly installments along with the regular current consumption charges. Prayer in W.P.no.26341 of 2024: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus Directing the 1st and 2nd Respondent to permit the petitioner to pay the Additional Security Deposit of Rs 15, 87, 211/- alone in 7 equal monthly installments along with the regular current consumption charges. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.S.Kalaiselvan 3/6
for W.P.Nos.26336 & 26339/2024 Mr.L.Jaivenkatesh for W.P.No.26341 of 2024 Mr.I.Syed Sibhatulla for W.P.No.26340 of 2024 COMMON ORDER These Writ Petitions have been filed to direct the respondents to permit the petitioners to pay the Additional Security Deposit alone in seven equal monthly installments, along with the regular current consumption charges.
2. 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 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 the case is identical to the one involved in the aforesaid case, this Court is inclined to grant similar relief to the petitioner herein.
3. Accordingly, these Writ Petition is allowed and the petitioners are 4/6
directed to pay the Additional Security Deposit to the second respondent in six equal monthly installments along with the regular current consumption charges, commencing from 1st October, 2024 and shall pay the installments on or before 7th 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.
06.09.2024 rli To:
1 The Chairman and Managing Director, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.
2 The Superintending Engineer, NAMAKKAL ELECTRICITY DISTRIBUTION CIRCLE, CORPORATION LIMITED, NAMAKKAL.2 The Superintending Engineer
3. ERODE ELECTRICITY DISTRIBUTION CIRCLE TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED ERODE.2 M.DHANDAPANI, J.
rli 5/6
4. The Superintending Engineer PALLADAM ELECTRICITY DISTRIBUTION CIRCLE CORPORATION LIMITED PALLADAM.
W.P.No.26336, 26339, 26340 and 26341 of 2024 06.09.2024 6/6