M/S.Sunphoenix Newsprint Pvt. Ltd. v. The Superintend Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.2260 to 2262 of 2025 M/s.Sunphoenix Newsprint Pvt. Ltd., Represented by its Director, Mr.Keshavan, No.334/6, Ooravayal Village, Sithavayal Post, Devakottai Taluk, Sivagangai District - 630 108.
... Petitioner -vsThe Superintending Engineer, TANGEDCO Distribution, Sivagangai, Sivagangai District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned Notice Lr.No.SE/SEDC/SVGA/DFC/AO/REV/AS/HT/F.HT.109/D.No.465/25 dated 02.01.2025 and quash the same.
For Petitioner : Mr.M.Aravind Subramanian Senior Counsel for Ms.S.Priyanka
For Respondent : Mr.S.Deenadhayalan Standing Counsel
ORDER
This Writ Petition has been filed seeking to quash the impugned Notice Lr.No.SE/SEDC/SVGA/DFC/AO/REV/AS/HT/F.HT.109/D.No.465/25, dated 02.01.2025.
2. Heard both sides. With the consent of both sides, this Writ Petition is disposed at the admission stage itself.
3. The learned Senior Counsel appearing for the petitioner submitted that the petitioner, who operates a reputed paper mill incorporated under the Companies Act, 1956, earlier filed W.P.(MD)No.30465 of 2024 before this Court. By an order dated 17.12.2024, this Court directed the petitioner to settle the outstanding electricity dues in three installments (from January to March 2025) and allowed the reconnection of electricity supply upon payment of the first installment. The petitioner complied with the said order, by remitting the first installment of Rs.12,77,723/- on 08.01.2025 and submitted a representation to the TANGEDCO requesting re-connection and permission to pay the remaining
installments as scheduled. However, the respondent issued a demand notice dated 02.01.2025, requiring the production of a CEIG Certificate for the electricity reconnection.
4. The learned Senior Counsel for the petitioner further submitted that the petitioner has applied for the CEIG Certificate, which will take six months to be issued and contended that the respondent's additional demand, raised after accepting the initial payment, violates the earlier order of this Court. This delay threatens the petitioner's ability to complete pending orders, honour subsequent payments and sustain the livelihoods of employees dependent on the business. Therefore, the petitioner's electricity service connection may be restored without insisting on the CEIG Certificate, allowing the petitioner to submit the certificate within three months and ensuring adherence to the original payment schedule as per the earlier order of this Court.
5. Considering the facts and circumstances of the case, this Court directs the respondent to restore the electricity service connection to the petitioner forthwith, as the petitioner has remitted the first and second installments. The
petitioner is directed to furnish the CEIG Certificate within a period of three months from today. If the petitioner fails to provide the certificate within the stipulated time, the respondent shall be at liberty to disconnect the electricity service connection without prior notice.
6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes / No 04.02.2025 Index : Yes / No smn2 To:- The Superintending Engineer, TANGEDCO Distribution, Sivagangai, Sivagangai District.
VIVEK KUMAR SINGH , J.
smn2 04.02.2025