M/S. Dsrm Steels Pvt Ltd, v. The Tamilnadu Generation And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.576 of 2018 and W.M.P(MD)No.576 of 2018 M/s.DSRM Steels Pvt., Ltd., No.413/1, Karur Road, Kulathur, Dindigul 624 005, Rep by its Director, M.Manikandan ...

Petitioner Vs.

1. The Tamil Nadu General and Distribution Corporation Ltd., Rep by its Managing Director, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, The Tamil Nadu General and Distribution Corporation Ltd., Dindigul Electricity Distribution Circle, Dindigul.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 2nd respondent herein to permit the petitioner to pay the arrear of current consumption charges in respect of HTSC No.297 (at Door No.413/1 Karur Road Kulathur Dindigul 624 005) of the period October 2017 to January 2018 in six monthly instalments and restore the electricity service connection on payment of the first of such instalment.

For Petitioner :

Mr.AR.L.Sundaresan, Senior Counsel for M/s.AL.Gandhimathi For Respondents :

Mr.S.M.S.Johnny Basha Standing Counsel

ORDER

This writ petition has been filed seeking direction to the second respondent to permit the petitioner to pay the arrears

of current consumption charges in respect of HTSC No.297 (at Door No.413/1 Karur Road Kulathur Dindigul 624 005) for the period October 2017 to January 2018 in six monthly installments and restore the electricity service connection on payment of the first of such installment.

2.Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the petitioner and Mr.S.M.S.Johnny Basha, learned Standing Counsel for the respondents.

3.According to the petitioner, the petitioner is running a steel industry. Earlier, there was a default in paying consumption charges therefore, the respondent disconnected service connection. Challenging the same, the petitioner has filed W.P(MD)No.1635 of 2017. This Court by an order dated 01.02.2017 disposed of the writ petition directing the petitioner to pay the arrears in six equal monthly installments. Pursuant to the said order, the petitioner has cleared the entire dues. So far as the consumption charges relating to the period October 2017 to January 2018, the petitioner was not in a position to pay the same due to financial crunch suffered by the petitioner industry. As a result of which the service connection was disconnected on 31.12.2017. Hence, the petitioner has submitted a representation dated 05.01.2018 requesting the second respondent to permit the petitioner to pay the arrears of current consumption charges in six monthly installments. Since no order has been passed, the present writ petition has been filed.

4.Considering the facts and circumstances of the case, as the petitioner ready to pay the current consumption charges in six monthly installments, the petitioner is directed to pay the current consumption charges as demanded by the respondents in six equal monthly installments. The first installment shall be paid on or before 31.01.2018. On such payment, the second respondent is directed to restore electricity service connection to the petitioner company. The subsequent installments shall be paid on or before the last working day of every English Calendar month. It is made clear that if the petitioner fails to pay any one of the installments as referred to above, it is open to the respondents to disconnect the service connection, without notice to the petitioner.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)No.576 of 2018 is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1.

The Managing Director, The Tamil Nadu General and Distribution Corporation Ltd.,Anna Salai, Chennai 600 002.

2. The Superintending Engineer, The Tamil Nadu General and Distribution Corporation Ltd., Dindigul Electricity Distribution Circle, Dindigul.

+1cc to M/s. AL.GANTHIMATHI in SR. NO. 41790 sms MV:SKN-RSK:SAR1:12/01/2018/3P/4C Writ Petition (MD) No.576 of 2018 and W.M.P(MD)No.576 of 2018 11.01.2018