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Madras High CourtWP(MD)/5876/2019allowed

M/S.Sri Alagumalai Industries v. The Superintending Engineer

2019-03-13Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P.(MD) No.5876 of 2019 and W.M.P(MD) No.4703 of 2019 M/s Sri Alagumalai Industries, Manamadurai, rep. by its Manager, Shanmuga Raja, F9, Sipcot Manamadurai, Sivagangai District ... Petitioner Vs.

1.The Superintending Engineer, TNEB/TANGEDCO, Sivagangai Electricity Distribution Circle, Sivagangai - 630 562.

2.The Chairman TANGEDCO, No.800, Anna Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to permit the petitioner industry having high tension Service Connection No.155 to pay the arrears of consumption charges arrears of additional security deposit of Rs.56,78,569/- (Rupees Fifty Six Lakhs Seventy Eight Thousand Five Hundred and Sixty Nine only) along with monthly minimum charges re-connection charges with belated payment surcharge in fifteen monthly installments. For Petitioner : Mr.S.Nedumaran For Respondents : Mr.SMS.Johny Basha

O R D E R

Heard the learned counsel on either side.

2. The writ petitioner is a high tension consumer. He is enjoying HTSC No.155. Admittedly, the petitioner owes to pay a sum of Rs.56,78,569/- (Rupees Fifty Six Lakhs Seventy Eight Thousand Five Hundred and Sixty Nine only) to the respondents. The petitioner wants to settle the said liability in easy installments. I am satisfied that the petitioner has made out a case in the https://hcservices.ecourts.gov.in/hcservices/

affidavit filed in support of this writ petition for grant of such facility. The petitioner is directed to pay a sum of Rs.18,78,569/- (Rupees Eighteen Lakhs Seventy Eight Thousand Five Hundred and Sixty Nine only) to the first respondent within a period of fifteen days from the date of receipt of a copy of this order. The balance of Rs.40,00,000/- (Rupees Forty Lakhs only) shall be paid is six equal monthly installments, the first installment commencing on 15.04.2019.

3.It is made clear that the petitioner has to pay the interest for availing this facility. On payment of Rs.18,78,569/-, the respondent board shall restore the electricity service connection to the petitioner. The petitioner shall pay the re-connection charges. The first respondent shall compute the liability of the writ petitioner on these terms and serve the proceedings on the writ petitioner. The petitioner shall scrupulously adhere to the said schedule. If the petitioner commits default in remitting even in one installment, the order now passed would stand automatically recalled.

4. The learned counsel for the writ petitioner, on instructions, gives an undertaking that the petitioner would not ask for modification of this order nor ask for any extension. The petitioner of-course has to pay the normal monthly consumption charges.

5. The Writ Petition is allowed accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T AND P) // True Copy // Sub Assistant Registrar (CS I) 1.The Superintending Engineer, TNEB/TANGEDCO, Sivagangai Electricity Distribution Circle, Sivagangai - 630 562.

2.The Chairman TANGEDCO, No.800, Anna Salai, Chennai - 600 002.

+1 CC to M/s.S.NEDUMARAN, Advocate ( SR-53473[F] dated 13/03/2019 ) W.P.(MD) No.5876 of 2019 and W.M.P(MD) No.4703 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 13.03.2019.

DS/ /SAR- (14.03.2019) 2P 4C