M/S. Shri Mookambika Spinning Mills Private Ltd., v. Tamil Nadu Generation And Distribution Corporation Ltd, (Tangedco)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH M/s.Shri Mookambiga Spinning Mills Private Limited, Represented by its Managing Director, Mr.E.O.Sathiesh Kumar, HTSC No. 059094500062, 2/330-G, Trichy Road, Vellaponnampatti, Vedasandur (TK), Vadamadurai-624 482.
... Petitioner Vs.
1. Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), represented by its Chairman, 144, Anna Salai, Chennai.
2. The Superintending Engineer, Dindigul Electricity Distribution Circle, TANGEDCO Limited, Dindigul, Dindigul District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 1st and 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs.21,78,808/- along in 10 equal monthly installments along with the regular current consumption charges. For Petitioner : Mr.N.Sudalaimuthu For Respondents : Mr.S.M.S.Johnny Basha Standing Counsel
ORDER
This writ petition has been filed for issuance of a Writ of mandamus, directing the respondents to consider the request made by the petitioner, wherein, the petitioner has requested for payment of the Additional Security Deposit of Rs.21,78,808 (Rupees Twenty One Lakhs Seventy Eight Thousand Eight Hundred and Eight only) in 10 equal monthly installments.
2. The petitioner is having the High Tension Service Connection. As per the Tamil Nadu Electricity Supply Code, 2004, 1/3
the Security Deposit will be revised every year under Regulations 5 (5). Accordingly, the second respondent has revised the Security Deposit and has informed the petitioner through his letter, dated 21.04.2021, to pay the Additional Security Deposit of a sum of Rs.21,78,808 (Rupees Twenty One Lakhs Seventy Eight Thousand Eight Hundred and Eight only) over and above the existing deposit in one lump sum. It is also made clear in the letter issued by the second respondent that if this amount is not paid by the petitioner, the electricity supply will stand disconnected.
3. The petitioner, has approached this Court and expressed severe financial constrains, is seeking for the payment of the Additional Security Deposit in 10 equal monthly installments. The petitioner also made a representation in this regard to the respondents on 08.05.2021. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions.
4. Heard Mr.N.Sudalaimuthu, learned counsel appearing for the petitioner and Mr.S.M.S.Johnny Basha, learned Standing Counsel appearing on behalf of the respondents.
5. This Court had an occasion to deal with the same issue in a number of writ petitions, wherein, this Court took into consideration the pandemic situation and also the financial constrains faced by the High Tension supply consumers. This Court permitted the Additional Security Deposit to be paid in six equal monthly installments. The same order will also enure to the benefit of the petitioner, since the second wave of 'Corona' has virtually continued the pandemic situation and it is getting worse by the day.
6. Taking into consideration the facts and circumstances of the case, there shall be a direction to the petitioner to pay the Additional Security Deposit, claimed by the second respondent in six equal monthly installments commencing from 20th of July 2021 onwards. If in case, the petitioner defaults in making the payment, it is always open to the respondents to initiate action in accordance with law.
7. This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 2/3
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.
To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai.
+1 CC to M/s.N.SUDALAI MUTHU, Advocate SR-21452[F] dated 07/07/2021 07.07.2021 LS(CO) TR(14.07.2021) 3P 3C 3/3