Cheenu Amma Aalloy (P) Ltd v. The Chairman And Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.No.30614 of 2024 Cheenu Amma Aalloy (P) Ltd., Rep. by its Managing Director, HTSC.No.039094390272, S.F.No.367, Appanaickenptty Pudur, Sulur, Coimbatore - 641 402.
...Petitioner
Vs.
1.
The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
2.
The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Palladam Electricity Distribution Circle, Palladam.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records in Lr.No.SE/PALLADAM 039094390272 D.No./23 dated 23.08.2024 of the 2nd respondent with regard to the demand of Additional Current Consumption Deposit for Rs.56,35,913/-(Rupees Fifty Six Lakhs Thirty Five Thousand Nine Hundred and Thirteen only) in one lump sum and quash the 1/5
same in as much as it failed to take into consideration the request for installment payment by the petitioner and consequently direct the 1st and 2nd respondents to permit the petitioner to pay the Additional Current Consumption Deposit amount of Rs.56,35,913/- (Rupees Fifty Six Lakhs Thirty Five Thousand Nine Hundred and Thirteen only) in 10 (Ten) monthly installments instead of one lump sum.
For Petitioner : Mr.K.Narasimhan For Respondents : Mr.L.Jai Venkatesh
ORDER
This Writ Petition has been filed seeking quashment of the proceedings of the 2nd respondent in Lr.No.SE/PALLADAM 039094390272 D.No./23 dated 23.08.2024 with regard to the demand of Additional Current Consumption Deposit for Rs.56,35,913/- in one lump sum and to consequently direct the 1st and 2nd respondents to permit the petitioner to pay the Additional Current Consumption Deposit amount of Rs.56,35,913/- in 10 monthly installments.
2. Mr.L.Jai Venkatesh, learned Standing Counsel takes notice on behalf of the respondents.
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3. When the matter was taken up for hearing, the learned counsel for the petitioner brought to the notice of the Court an earlier order passed by this Court in W.P.No.11500 of 2017 in similar issue, 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) and disposed of the said petition.
4. Since the issue involved in the present case is identical to the one involved in the aforesaid case, this Court is inclined to grant similar relief to the petitioner herein.
5. Accordingly, this Writ Petition stands disposed of in terms of the order passed by this Court in W.P.No.11500 of 2017 and the petitioner is directed to pay the Additional Security Deposits to the 2nd 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, 3/5
it is open to the respondents to initiate appropriate action against the petitioner in accordance with law. No costs. Consequently, the connected Miscellaneous petition is closed.
20.09.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Note to office: Issue order copy on 20/09/2024. To:
1.
The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
2.
The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Palladam Electricity Distribution Circle, Palladam.
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M.DHANDAPANI , J.
skt and WMP.No.30614 of 2024 20.09.2024 5/5