Madras High CourtWP(MD)/9839/2021disposed of

Sri Satya Sai Paper And Board Mills Pvt Ltd., v. The Chairman

2021-06-07Honourable Mrs Justice J. Nisha Banu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Seventh day of June Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU W.P(MD)Nos.9839, 9840, 9841, 9842 & 9844 of 2021 and W.M.P(MD)Nos.7564, 7565, 7567, 7569, 7570, 7571, 7574, 7578, 7576 and 7577 of 2021 M/S.SRI SATYA SAI PAPER AND BOARD MILLS PVT., LTD., REPRESENTED BY ITS AUTHORISED SIGNATORY M.SAMAYAKARUPPASAMY HTSC No.079094620187, LAKSHMIAPURAM ROAD, AMATTUR, VIRUDHUNAGAR 626 005 ... PETITIONER IN WP(MD)No.9839/2021 M/S.SRIPATHI PAPER AND BOARDS PVT LIMITED UNIT-II REPRESENTED BY ITS AUTHORISED SIGNATORY M.SAMAYAKARUPPASAMY HTSC No.079094620283, SUKKIRAVARPATTI, ANAIKUTTAM, SIVAKASI 626 130 ... PETITIONER IN WP(MD)Nos.9840/2021 M/S.VISVAS PAPERS PVT.,LTD., REPRESENTED BY ITS AUTHORISED SIGNATORY M.

SAMAYAKARUPPASAMY HTSC No.079094620358, BF-4, SRINIVASA APARTMENTS, NANDINI STREET, VELMURUGAN NAGAR, VEERACHOLAN, ARUPPUKOTTAI, VIRUDHUNAGAR 626 612 ... PETITIONER IN WP(MD)No.9841/2021 M/S.SRIPATHI PAPER AND BOARDS PVT LIMITED., REPRESENTED BY ITS AUTHORISED SIGNATORY M.SAMAYAKARUPPASAMY HTSC No.079094620210, SUKKIRAVARPATTI, ANAIKUTTAM, SIVAKASI 626 130 ... PETITIONER IN WP(MD)No.

M/S.SHREENIVASA PAPER AND BOARD, REPRSENTED BY ITS AUTHORISED OF SIGNATORY M.SAMAYAKARUPPASAMY HTSC No.079094620331, S.F.No.399/2A2K, THOTTIYAPATTI ROAD, RAJAPALAYAM, VIRUDHUNAGAR 626 117 ... PETITIONER IN WP(MD)No.9844/2021 Vs 1 THE CHAIRMAN TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.

2 CHIEF FINANCIAL CONTROLLER/REVENUE, ACCOUNTS BRANCH, REVENUE DIVISION, TANGEDCO, 144, ANNA SALAI, CHENNAI 600 002.

3 THE SUPERINTENDING ENGINEER, VIRUDHUNAGAR ELECTRICITY, DISTRIBUTION CIRCLE, TANGEDCO, VIRUDHUNAGAR. ... RESPONDENTS IN ALL THE PETITIONS Prayer in WP(MD)No.9839/2021 :

Bill No.H4620187042111 for petitioner's HTSC No.079094620187 for the EDU/DFC/AAO/AS/HTSC No.079094620187/D.No.463/20 against the regular Prayer in WMP(MD)No.7564/2021 in WP(MD)No.9839/2021 : To grant INTERIM STAY of all further proceedings in pursuance of the impugned Current Consumption Charges Bill Dated 19.5.2021 vide Bill No.H4620187042111 dated 19.05.2021 for the month April 2021 for petitioners HTSC No.079094620187 pending disposal of the above Writ Petition.

Prayer in WMP(MD)No.7565/2021 in WP(MD)No.9839/2021 :

Prayer in WP(MD)No.9840/2021 :

Bill No.H4620283042111 for petitioner's HTSC No.079094620283 for the EDU/DFC/AAO/AS/HTSC No.079094620283/D.No.463/20 against the regular Prayer in WMP(MD)No.7567/2021 in WP(MD)No.9840/2021 : To grant INTERIM STAY of all further proceedings in pursuance of the impugned Current Consumption Charges Bill dated 19.05.2021 vide Bill No. H4620283042111 for the month April 2021 for petitioners HTSC No. 079094620283 pending disposal of the above writ petition. Prayer in WMP(MD)No.7569/2021 in WP(MD)No.9840/2021 : To issue an order of INTERIM INJUNCTION restraining the 1 to 3 Code 2004 till the disposal of the writ petition. Prayer in WP(MD)No.9841/2021 :

Bill No.H4620358042111 for petitioner's HTSC No.079094620358 for the vide proceedings dated 21.04.2021 in Lr.No.SE/Virudhunagar EDU/DFC/AAO/AS/HTSC No.079094620358 / D.No.463/20 against the regular current consumption charges as contemplated under Regulation 5(5)(V) of the Tamilnadu Electricity Supply Code 2004. Prayer in WMP(MD)No.7570/2021 in WP(MD)No.9841/2021 : To grant INTERIM STAY of all further proceedings in pursuance of the impugned Current Consumption Charges Bill Dated 19.5.2021 vide

Bill No.H4620358042111 dated 19.05.2021 for the month April 2021 for petitioners HTSC No.079094620358 pending disposal of the above Writ Petition.

Prayer in WMP(MD)No.7571/2021 in WP(MD)No.9841/2021 : Prayer in WP(MD)No.9842/2021 :

Bill No.H4620210042111 for petitioner`s HTSC No.079094620210 for the EDU/DFC/AAO/AS/HTSC No.079094620210/ D.No.463/20 against the regular Prayer in WMP(MD)No.7574/2021 in WP(MD)No.9842/2021 : To grant INTERIM STAY of all further proceedings in pursuance of the impugned current consumption charges Bill dated 19.05.2021 vide Bill No.H4620210042111 dated 19.05.2021 for the month April 2021 for petitioners HTSC No.079094620210 pending disposal of the above writ petition.

Prayer in WMP(MD)No.7578/2021 in WP(MD)No.9842/2021 : To issue an order of INTERIM INJUNCTION restraining the 1 to 3 following Regulation 5(5)(v) of the Tamil Nadu Electricity Supply Code 2004 till the disposal of the writ petition. Prayer in WP(MD)No.9844/2021 :

Bill No.H4620331042111 for petitioner's HTSC No.079094620331 for the

vide proceedings dated 21.04.2021 in Lr.No.SE/Virudhunagar EDU/DFC/AAO/AS/HTSC No.079094620331/D.No.463/20 against the regular Prayer in WMP(MD)No.7576/2021 in WP(MD)No.9844/2021 : To grant INTERIM STAY of all further proceedings in pursuance of the impugned Current Consumption Charges Bill Dated 19.5.2021 vide Bill No.H4620331042111 dated 19.05.2021 for the month April 2021 for petitioners HTSC No.079094620331 pending disposal of the above Writ Petition.

Prayer in WMP(MD)No.7577/2021 in WP(MD)No.9844/2021 : ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr. SUDALAIMUTHU.N, Advocate for the petitioner in all the petitions and of Mr.S.SRIMATHY, Standing Counsel taking notice on behalf of the Respondents in all the petitions, the Court made the following order:- Mrs.S.Srimathy, learned Standing Counsel takes notice on behalf of the respondents.

2.According to the petitioner, the petitioner is the manufacture of Paper and Boards and he has obtained HT supply connection from the respondents and he is also paying the monthly current consumption charges, without any default. 3.As per Regulation 35 of the Tamil Nadu Electricity Distribution Code 2004, every consumer of electricity, is mandated to make security deposit towards the supply of electricity, with the respondent TANGEDCO. Pursuant to which, the adequacy of such security deposit held with the TANGEDCO, would be reviewed by the concerned Superintending Engineers, on the closure of each financial year. In case, the security deposit is not sufficient, the concerned Superintending Engineers would demand payment of additional security deposit. In the present case, on review of the adequacy of the security deposit for the period 2021-22, the petitioner was having an excess security deposit. Inspite of the excess security deposit, the third respondent issued the impugned consumption bills, dated 19.05.2021.

4.The learned counsel appearing for the petitioner submitted that when the amount of Security deposit held by the consumers, is in excess of the actual requirements, as per Regulation 5(5)(v) of the Tamil Nadu Electricity Supply Code 2004, the excess shall be

adjusted against two future demands for the electricity supplied. 5.The learned Standing Counsel appearing for the respondents submitted that due to pandemic situation, the respondents are not able to proceed with the matter. Further, she expressed that there are deficiency in staff.

6.Since the only apprehension of the petitioner is that the respondents disconnect the electricity for want of payment of the bill, there shall be a direction to the respondents not to disconnect the electricity connection of the petitioner, till the disposal of the writ petition.

7.Post the matter on 29.07.2021.

sd/- 07/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHAIRMAN TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, 144, ANNA SALAI, CHENNAI 600 002.

2 CHIEF FINANCIAL CONTROLLER/REVENUE, ACCOUNTS BRANCH, REVENUE DIVISION, TANGEDCO, 144, ANNA SALAI, CHENNAI 600 002.

3 THE SUPERINTENDING ENGINEER, VIRUDHUNAGAR ELECTRICITY, DISTRIBUTION CIRCLE, TANGEDCO, VIRUDHUNAGAR.

+ 1 CC TO Mr.SUDALAIMUTHU.N, ADVOCATE IN SR No. 3879 ORDER IN WP(MD)Nos.9839, 9840, 9841, 9842 and 9844/2021 IN WMP(MD)Nos.7564, 7565, 7567, 7569, 7570, 7571, 7574, 7578, 7576 and 7577 of 2021 Date :07/06/2021 KMM TE/JC/SAR-III : 23/06/2021 : 6P/5C