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Madras High CourtWP(MD)/10453/2021dismissed as infructuous

M/S.Aruppukottai Shri Ramalinga Spinners(P)Ltd., v. The Chairman

2024-03-26Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.10453 of 2021 and W.M.P.(MD)Nos.8132 and 8133 of 2021 M/s.Aruppukottai Shri Ramalinga Spinners (P) Ltd., represented by its Whole time Director D.Kothai HTSC No.079094620199, 212, Ramasamy Nagar, Aruppukottai.

... Petitioner Vs.

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai-600002.

2. The Chief Financial Controller/Revenue, Accounts Branch, Revenue Division, TANGEDCO, 144, Anna Salai, Chennai-600002.

3. The Superintending Engineer, Virudhunagar Electricity Distribution Circle, TANGEDCO, TNEB Complex, 65/1, Ramamoorthi Road, Virudhunagar-626001.

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4. The Accounts Officer/Revenue, Accounts Branch, Virudhunagar Electricity Distribution Circle, TANGEDCO, TNEB Complex, 65/1, Ramamoorthi Road, Virudhunagar-626001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of 3rd and 4th respondents in the matter of issuance of their impugned current consumption Bill No.H4620199052111 dated 16.06.2021 for the month of May 2021 for petitioner's HTSC No. 079094620199 and quash the both, as illegal, arbitrary and violation of Regulation 5(5)(V) of the Tamilnadu Electricity Supply Code 2004 and consequently direct the 3rd and 4th respondents to adjust the excess security deposit amount as determined by the third respondent vide proceedings dated 22.04.2021 in Lr.No.SE/VirudhunagarEDC/DFC/ AAO/AS/HTSC No.0790946200199/D.No463/20 against the regular current consumption charges and refund the balance excess security deposit as contemplated under Regulation 5(5)(V) of the Tamilnadu Electricity Supply Code 2004 within the time as stipulated by this Court. For Petitioner : Mr.N.Sudalaimuthu For Respondents : Mr.S.Deenadayalan Standing Counsel 2/6

O R D E R

The Writ Petition is directed against the Current Consumption Bill dated 16.06.2021 issued by the fourth respondent directing the writ petitioner to pay a sum of Rs.19,73,087/-.

2. The learned counsel appearing for the writ petitioner would submit that while reviewing the adequacy of the security deposit for the period 2021-2022, it was found that the writ petitioner was having an excess security deposit to the tune of Rs.1,29,70,760/-, that during the pandemic, the second respondent has issued a circular dated 10.05.2021 intimating the course of action relating to additional security deposit process may be kept in abeyance until further instructions and that when the said circular was challenged, this Court has directed the respondents to adjust the excess security deposit in the subsequent bills.

3. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner as well as the learned Standing Counsel appearing for the respondents would submit that the respondents 3/6

have already adjusted for the subsequent period and as such, nothing survives for further adjudication.

4. Recording the same, this Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.

26.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 4/6

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.10453 of 2021 and W.M.P.(MD)Nos.8132 and 8133 of 2021 Dated : 26.03.2024 6/6