Madras High CourtWP(MD)/11475/2021disposed of

Raju Spinning Mils (P) Ltd., B-Unit v. The Chairman

2021-07-09Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Raju Spining Mills (P) Limited, B-Unit, HTSC 079094620173, No.1110-B, Post Box No.102, Cotton Market, Rajapalayam - 626 117, Virudhunagar District rep. by its Manager K.Muthulingam.

... Petitioner Vs.

1.The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited, 144, Anna Salai, Chennai 600 002.

2.The Superintending Engineer, TANGEDCO, Virudhunagar, Electricity Distribution Circle, Virudhunagar.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd Respondents to permit the Petitioner to pay the Additional Security Deposit of Rs.32,57,696/- alone in 6 equal monthly installments along with the regular current consumption charges. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mrs.M.Rajeswari for M/s.SMS.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.32,57,696/- (Rupees Thirty Two Lakhs Fifty Seven Thousand Six Hundred and Ninety Six 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, 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 1/3

21.04.2021, to pay the Additional Security Deposit of a sum of Rs.32,57,696/- (Rupees Thirty Two Lakhs Fifty Seven Thousand Six Hundred and Ninety Six 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 28.04.2021. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions.

4. Heard Mr.R.S.Pandiyaraj, learned counsel appearing for the petitioner and Mrs.M.Rajeswari, learned counsel for 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-) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, 144, Anna Salai, Chennai 600 002.

2.The Superintending Engineer, TANGEDCO, Virudhunagar, Electricity Distribution Circle, Virudhunagar.

Order made in 09.07.2021 DKS(CO) TR(14.07.2021) 3P 3C 3/3