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Madras High CourtWP/27900/2024allowed

Udhayan Steels Pvt Ltd v. The Chairman And Managing Director

2024-09-20Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27900, 27901, 27904 and 27906 of 2024 Udhayan Steels Pvt. Ltd., S.F.No.302/1 Part Kampiliyampatty Road, Aratholu Village, Kangayam, Tiruppur, Rep. By its Authorised Signatory N.Selvan.

...Petitioner in W.P.no.27900 of 2024

Prithivaraj Spinning Pvt. Ltd., S.F.No.653/2 & 654/2 Kangappalli Village, Annur, Coimbatore, Rep. By its Authorised Signatory, G.R.Aishwarya Lakshmi.

...Petitioner in W.P.no.27901 of 2024

M/s.Guhan Spin Tex, No.5/3, Guhan Garden, Perundurai Road, Kolappalur, Gobi, Erode District, Rep. By its Authorised Signatory, S.Kathirvel

...Petitioner in W.P.no.27904 of 2024

M/s.Air India Textiles, SF. No.58/3, Aadhiyur Road, Tiruppur District, Rep. By its Authorised Signatory, S.Kathirvel

...Petitioner in W.P.no.27906 of 2024

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Vs.

1 The Chairman and Managing Director, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.

... First respondent in all the petitions 2 The Superintending Engineer, Palladam Metro Electricity Distribution Circle, TANGEDCO Ltd., Palladam.

.... 2nd Respondent in W.P.No.27900 of 2024 2 The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.

.... 2nd Respondent in W.P.No.27901 of 2024 2 The Superintending Engineer, TANGEDCO, Gobi North Electricity Distribution Circle, Gobichettipalayam.

.... 2nd Respondent in W.P.No.27904 of 2024 2 The Superintending Engineer, TANGEDCO, Erode North Electricity Distribution Circle, Erode.

3. The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.

.... 2nd and 3rd Respondents in W.P.No.27906 of Prayer in W.P.no.27900 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 45,11,521/- alone in 7 equal monthly installments along with the regular current consumption charges.

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Prayer in W.P.no.27901 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 28,50,851- alone in 7 equal monthly installments along with the regular current consumption charges.

Prayer in W.P.no.27904 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 25,58,889/- alone in 7 equal monthly installments along with the regular current consumption charges.

Prayer in W.P.no.27906 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 23,55,961/- alone in 7 equal monthly installments along with the regular current consumption charges.

For Petitioner : Mr.R.S.Pandiyaraj in all the petitions For Respondents : Mr.I.Syed Sibhatulla in all the petitions 3/6

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 Petitions are allowed and the petitioners are directed to pay the Additional Security Deposit to the second respondent in six equal monthly installments along with the regular current consumption 4/6

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.

20.09.2024 rli Note: Issue order copy on 20.09.2024 To:

1. The Chairman and Managing Director, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.

2. The Superintending Engineer, Palladam Metro Electricity Distribution Circle, TANGEDCO Ltd., Palladam.

3 The Superintending Engineer, TANGEDCO, Coimbatore North Electricity Distribution Circle, Coimbatore.

4 The Superintending Engineer, TANGEDCO, Gobi North Electricity Distribution Circle, Gobichettipalayam.

5 The Superintending Engineer, TANGEDCO, Erode North Electricity Distribution Circle, Erode.

6. The Superintending Engineer, TANGEDCO, Tiruppur Electricity Distribution Circle, Tiruppur.

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M.DHANDAPANI, J.

rli W.P.No.27900, 27901, 27904 and 27906 of 2024 20.09.2024 6/6