Madras High CourtWP(MD)/13904/2020disposed of

Sri Alagumalai Industries, v. The Superintending Engineer,

2020-10-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M/s. Sri Alagumalai Industries, F9, SIPCOT, Manam Sivagangai District, Represented by its Manager, S.Shanmuga Raja ... Petitioner Vs

1. The Superintending Engineer, TNEB/TANGEDCO, Sivagangai Electricity Distribution Circle, Sivagangai-630 562.

2. The Chairman, TANGEDCO, No.800, Anna Salai, Chennai-600 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to permit the petitioner's Company having High Tension Service Connection No.155 to pay the arrears of consumption charges, arrears of additional security deposit along with monthly minimum charges, reconnection charges with belated payment surcharge in twelve monthly instalments, by considering the representation dated 14.08.2020.

For Petitioner : Mr.G.Prasath Kumar For Respondents : Mrs.M.Rajeswari for Mr.S.M.S.Johny Basha Standing Counsel

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to restore the petitioner's High Tension Service Connection No.155 by paying the arrears of consumption charges, arrears of additional security deposit along with monthly minimum charges, reconnection charges with belated payment surcharges in twelve monthly instalments. 1/3

2. By consent of both parties, the main Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the aforesaid High Tension service connection was disconnected by the respondents due to non payment of aforementioned charges to the respondents in the year 2018. Subsequent to the disconnection, the petitioner has approached this Court by filing W.P.(MD).Nos.17560 and 17561 of 2018 as well as W.P.(MD).No.5876 of 2019. In all those cases, directions were issued to permit the petitioner to pay the arrears of electricity charges and other charges to the respondents in instalments.

4. The learned Standing counsel appearing for the respondents submits that despite orders granted by this Court in W.P.(MD).Nos.17560 and 17561 of 2018 as well as W.P.(MD).No.5876 of 2019, permitting the petitioner to pay the arrears of charges in instalments, the petitioner has failed to comply with the same. According to her, once again, the petitioner has approached for the same relief and therefore, the respondents rejected the said request and the impugned communication was sent to the petitioner on 04.03.2020. According to the respondents, the petitioner is not entitled for any more indulgence by this Court.

5. Anyway, this Court is of the considered view that no prejudice will be caused to the respondents, if the representation dated 14.08.2020 given by the petitioner, seeking payment of the arrears of consumption charges, arrears of additional security deposit along with monthly minimum charges, reconnection charges with belated payment surcharges in twelve monthly instalments, is considered by the respondents, after giving due consideration to the petitioner's industry and reason for the delay in making the payment. The respondents shall consider the representation dated 14.08.2020 of the petitioner and pass final orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 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 Superintending Engineer, TNEB/TANGEDCO, Sivagangai Electricity Distribution Circle, Sivagangai-630 562.

2. The Chairman, TANGEDCO, No.800, Anna Salai, Chennai-600 002.

+1 CC to M/s.G. PRASANTH KUMAR, Advocate SR-19373. 07.10.2020 SSS(CO) CS(20.10.2020) 3P 4C 3/3