Thangavelu Spinning Mills Limited v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.27262 of 2023 Thangavelu Spinning Mills Limited 50/N4, Dharmapuri Main Road Pappireddipatty (Taluk) Dharmapuri - 635 301.
Rep by M.Venkatesan, Manager.
..... Petitioner Vs 1.The Superintending Engineer Dharmapuri Electricity Distribution Circle TANGEDCO Dharmapuri - 635 301.
2.The Chairman and Managing Director TANGEDCO 800, Anna Salai Chennai - 600 002.
..... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to permit the petitioner's industry to pay the consumption arrears of Rs.58,82,865/- (Rupees Fifty Eight Lakhs Eighty Two Thousand Eight Hundred and Sixty Five only) in five monthly equal installments along wih B.P.S.C. (Belated payment surcharge) and future monthly consumption bill. 1/4
For Petitioner : Mr.L.Jegadeesan For Respondents : Ms.Daniel Mary Standing Counsel for TANGEDCO
ORDER
The petitioner is visited with a bill dated 01.09.2023, for its high tension electricity charges for the month of August, 2023 to the tune of Rs.55,60,654.88. The petitioner does not challenge this amount, but only seeks certain facility to pay it in installments.
2. Ms.Daniel Mary, the learned Standing Counsel takes notice for the respondents, and made a statement that there is no space for paying the current consumption charges in installments.
3.The learned counsel for the petitioner submits that the petitioner had drawn electricity connection for its spinning mills, and due to certain business crisis, the entire amount could not be paid in one slot.
4. Heard both sides. This Court is now required to balance the current 2/4
consumption charges which the petitioner is liable to pay alongside the economic activities involved in its business. This Court, therefore directs the petitioner to pay a sum of Rs.20.0 lakhs immediately to the first respondent on or before 29.09.2023, and another Rs.20.0 lakhs along with current consumption charges for the month of September, 2023, with such interest as is liable on the belated payment, on or before 15.10.2023, and the balance amount with the current consumption charges for October, 2023 with such necessary interest on belated payment, on or before 15.11.2023. The petitioner is instructed that it would not approach this Court for re-scheduling in making the payment, since this is the concession this Court has granted to it, to maintain the economic activity in the State.
5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
20.09.2023 Index : Yes / No Speaking order / Non-speaking order ds Note : Issue order copy on 21.09.2023 3/4
N.SESHASAYEE.J., ds To:
1.The Superintending Engineer Dharmapuri Electricity Distribution Circle TANGEDCO Dharmapuri - 635 301.
2.The Chairman and Managing Director TANGEDCO 800, Anna Salai Chennai - 600 002.
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