Tulsyan Nec Limited v. The Chairman And Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.26904, 26906, 26910, 26922, 26924 and 26928 of 2024 Tulsyan NEC Limited Repd. By its Manager V.Rajendran ... Petitioner in W.P.26904/2024 Vs.
1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Chennai North Electricity Distribution Circle Tamil Nadu Generation and Distribution, Corporation Limited, Chennai.
... Respondent in W.P.26904/2024 Prayer in W.P.No.26904 of 2024:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to permit the petitioner to pay the Additional Security Deposit of Rs.2,29,19,184/- alone in seven equal monthly installments, along with the regular current consumption charges. 1/4
For Petitioner : Mr.R.S.Pandiyaraj in all the W.Ps.
For Respondents : Mr.L.Jai Venkatesh in W.Ps.26904, 26906 & 26922/2024 Mr.I.Syed Sibghatulla in W.Ps.26910 & 26924/2024 Mr.S.Madhusuthanan in W.P.26928 of 2024 C O M M O N O R D E R The petitioners have filed these writ petitions seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to permit the petitioners to pay the Additional Security Deposit of Rs.2,29,19,184/-, Rs.88,18,585/-, Rs.75,21,006/-, Rs.40,15,509/-, Rs.27,12,028/- and Rs.97,39,956/- respectively, alone in seven equal monthly installments, along with the regular current consumption charges. 2.Mr.L.Jai Venkatesh, learned counsel takes notice on behalf of the respondents in W.P.Nos.26904, 26906 and 26922 of 2024. Mr.I.Syed Sibghatulla, learned counsel takes notice on behalf of the respondents in W.P.Nos.26910 and 26924 of 2024.
Mr.S.Madhusuthanan, learned counsel takes notice on behalf of the respondents in W.P.No.26928 of 2024.
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3. The learned counsel for the petitioners 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 these cases is identical to the one involved in the aforesaid case, this Court is inclined to grant similar relief to the petitioners herein.
4.Accordingly, these writ petitions are allowed and the petitioners are directed to pay the Additional Security Deposit to the respective 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 petitioners in accordance with law. No costs.
11.09.2024 pri Speaking Order/ Non Speaking Order 3/4
Index: Yes/ No Internet: Yes/ No M.DHANDAPANI,J.
pri To 1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
2.The Superintending Engineer, Chennai North Electricity Distribution Circle Tamil Nadu Generation and Distribution, Corporation Limited, Chennai.
W.P.Nos.26904, 26906, 26910, 26922, 26924 and 26928 of 2024 11.09.2024 4/4