M/S.Sree Iswarya Textile P Ltd 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 M/s.Sree Iswarya Textile P Ltd., Repd. its Electrical Engineer K.Bangarusamy ... Petitioner in W.P.26900/2024 M/s.Sree Kumaran Cottons Repd. its Authorized Signatory P.S.Eswaran ... Petitioner in W.P.26901/2024 Vs.
1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai - 600 002.
... Respondent in both W.Ps.
2.The Superintending Engineer, Virudunagar Electricity Distribution Circle Tamil Nadu Generation and Distribution, Corporation Limited, Virudunagar.
... Respondent in W.P.26900/2024 2.The Superintending Engineer, Palladam Electricity Distribution Circle Tamil Nadu Generation and Distribution, Corporation Limited, Palladam.
... Respondent in W.P.26901/2024 Common Prayer:
Petitions filed under Article 226 of the Constitution of India to 1/4
issue a Writ of Mandamus directing the respondents 1 and 2 to permit the petitioner to pay the Additional Security Deposit of Rs.2,26,89,980/- and Rs.29,20,711/- respectively, alone in seven equal monthly installments, along with the regular current consumption charges.
For Petitioner : Mr.R.S.Pandiyaraj in both W.Ps.
For Respondents : Mr.S.Madhusudanan in W.P.No.26900 of 2024 Mr.L.Jai Venkatesh in W.P.No.26901 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.2,26,89,980/- and Rs.29,20,711/- respectively, alone in seven equal monthly installments, along with the regular current consumption charges. 2.Mr.S.Madhusudanan, learned counsel takes notice on behalf of the respondents in W.P.No.26900 of 2024. Mr.L.Jai Venkatesh, learned counsel takes notice on behalf of the respondents in W.P.No.26901 of 2024.
2/4
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 3/4
Speaking Order/ Non Speaking Order 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, Virudunagar Electricity Distribution Circle Tamil Nadu Generation and Distribution, Corporation Limited, Virudunagar.
3.The Superintending Engineer, Palladam Electricity Distribution Circle Tamil Nadu Generation and Distribution, Corporation Limited, Palladam.
4/4
11.09.2024 5/4