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Madras High CourtWP/28376/2024disposed of with direction

Aakkash Spinning Mills v. The Chairman Cum Managing Director

2024-09-24Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.30940 of 2024 AAKKASH Spinning Mills, Represented by its Authorized Officer, O.K.Kannan, H.T.S.C.No.039094340325, S.F.No.5/A3A, Uralpatti Post, Udumalpet Taluk, Tiruppur District-642 204.

... Petitioner Vs.

1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Post Box No.23, Eripalayam, Tiruppur Road, Udumalpet-642 126. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to permit the petitioner to pay the Additional Current Consumption Deposit amount of Rs.17,66,549.00/- (Rupees Seventeen Lakhs Sixty Six Thousand Five Hundred and Forty Nine only) for the petitioner Mill Service connection H.T.S.C.No.039094340325 at S.F.No.5/A3A, Uralpatti Post, Udumalpet Taluk, Tiruppur District-642 204, in six equal monthly instalments.

For Petitioner :

Mr.M.Kamalanathan For Respondents : Mr.L.Jaivenkatesh

O R D E R

This Writ Petition has been filed to direct the respondents to permit the petitioner to pay the Additional Current Consumption Deposit of Rs.17,66,549/- (Rupees Seventeen Lakhs Sixty Six Thousand Five Hundred and Forty Nine only) in six equal monthly installments.

2. Mr.L.Jaivenkatesh, learned counsel takes notice on behalf of the respondents.

3. 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.

4. Accordingly, this Writ Petition is allowed and the petitioner is directed to pay the Additional Current Consumption Deposit to the 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 petitioner in accordance with law. No costs. Connected miscellaneous petition is closed.

24.09.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb Note: Issue order copy on 25.09.2024.

To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Post Box No.23, Eripalayam, Tiruppur Road, Udumalpet-642 126.

M.DHANDAPANI, J.

ssb 24.09.2024