Sunaichandran Mills (P) Ltd v. The Superintendent Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10506 of 2020 and WMP(MD) No.9295 of 2020 Sunaichandran Mills (P) Ltd., Rep by its Director, Sunaichandran, S/o.Thalaimuthu, D.No.55, Y/1A, Naidu South Street, Chettiyarpatti Panchayat, Rajapalayam, Virudhunagar District.
Petitioner Vs 1.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Virudhunagar.
2.The Assistant Engineer, Thottipatti, Electricity Board Office, Rajapalayam Taluk, Virudhunagar District.
Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from disconnecting the Electricity service connection No.079094620339 pertaining to Sunaichandran Mills (P) Ltd situated at D.No.55. Y/1A, Naidu South Street, Chettiyarpatti Panchayat, Rajapalayam, Virudhunagar District.
For Petitioner : Mr.R.Niresh Kumar For Respondents : Mrs.S.Srimathy for Mr.S.M.S.Johny Basha
O R D E R
Heard the learned counsel for the Writ Petitioner and the learned Standing counsel for the respondents. 1/5
2.The petitioner wants this Court to restrain the respondents from disconnecting the petition mentioned electricity service connection.
3.I wanted to know as to whether the demand raised by the respondents is with regard to minimum consumption charges or whether it includes actual consumption charges also.
4.Today, when the matter was taken up for disposal, the petitioner's counsel clarified that the documents enclosed in page Nos.3 & 4 are pertaining to the actual consumption charges, while what has been enclosed in page Nos. 5 to 7 represent the minimum consumption charges.
5.I make it clear that the order dated 15.07.2020 made in W.P (MD)No.9204 of 2020 passed by the learned judge of this court can apply only in the case of minimum consumption charges and not for the actual consumption charges. The petitioner's counsel states that the minimum consumption charges alone would come to Rs.6,14,575/-. 6.Taking note of the current pandemic situation, I permit the petitioner to pay the said sum of Rs.6,14,575/- in six equal monthly installments. The first installment will commence from 11th September 2020. I make it clear that I have not touched on the demand of the respondent in respect of the actual consumption charges. If the petitioner fails to remit the monthly installments indicated above or if he fails to clear the actual consumption charges, it is open to the respondent to take action against the petitioner as per law.
7. With the above liberty and directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation, Virudhunagar.
2.The Assistant Engineer, Thottipatti, Electricity Board Office, Rajapalayam Taluk, Virudhunagar District.
W.P.(MD)No.10506 of 2020 and WMP(MD) No.9295 of 2020 01.09.2020 vrn SDS (07.09.2020) 3P-3C 3/5