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Madras High CourtWP(MD)/17650/2018disposed of

M/S.Sri Alagumalai Industries v. The Superintending Engineer

2018-08-20Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.17650 of 2018 and W.M.P(MD).No.15536 of 2018 M/s.Sri Alagumalai Industries Manamadurai rep by its Proprietor Shanmuga Raja F9, Sipcot Manamadurai, Sivagangai District.

: Petitioner Vs.

1.The Superintending Engineer, T.N.E.B/TANGEDCO, Sivagangai Electricity, Distribution Circle, Sivagangai 630562.

2.The Chairman, TANGEDCO, No.800, Anna Salai, Chennai 600002.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent to permit the petitioner industry having high tension service connection of 155 to pay the arrears of consumption charges of Rs.34,16,799/- (Rupees Thirty Four Lakhs Sixteen Thousand Seven Hundred and Ninety Nine only) along with monthly minimum charges from the Month May-2018 to July 2018 and with belated payment surcharge in ten monthly installment.

For Petitioner : Mr.C.S.Krishnamoorthy For Respondents : Mrs.M.Rajeswari for Mr.SMS.Johny Basha

ORDER

The prayer sought for in the writ petition is for a direction to direct the respondent to permit the petitioner industry having high tension service connection of 155 to pay the arrears of consumption charges of Rs.34,16,799/- (Rupees Thirty Four Lakhs Sixteen Thousand Seven Hundred and Ninety Nine only) along with monthly minimum charges from the Month May-2018 to July 2018 and with belated payment surcharge in ten monthly installment. https://hcservices.ecourts.gov.in/hcservices/ 2.The high tension electricity connection, which was granted in favour of the petitioner, disconnected because of the huge

arrears payable by the petitioner for consumption of availability electricity. The arrears of March and April 2018 come to a sum of Rs.34,16,799/- (Rupees Thirty Four Lakhs Sixteen Thousand Seven Hundred and Ninety Nine only). In addition to the arrears, the petitioner was also required to pay monthly minimum charges of Rs.1,19,572/- (Rupees One Lakh Nineteen Thousand Five Hundred and Seventy Two only) for a period from May 2018 to August 2018, totally, a sum of Rs.4,78,288/-(Rupees Four Lakhs Seventy Eight Thousand Two Hundred and Eighty Eight only). Therefore, the total amount, namely, consumption bill for March 2018, April 2018 and monthly minimum charges for May 2018 to August 2018 is Rs.38,95,087/- (Rupees Thirty Eight Lakhs Ninety Five Thousand and Eighty Seven only).

3.The petitioner has filed a memo of undertaking to pay 40% of the above arrears along with surcharges (interest) and also along with re-connection charges, within a period of 15 days and the petitioner undertakes to pay the balance amount in 10 equated monthly installment commencing from October 2018 along with regular monthly consumption charges. The memo filed is taken on file. 4.The learned counsel appearing for the respondents would submit that this Court may pass order by recording the undertaking. 5.This Court therefore directs the petitioner to comply with the undertaking given vide memo dated 16.08.

2018, which was taken on file, and in view of the undertaking given by the petitioner vide the above said memo, the respondents are directed to restore the electricity connection to the petitioner industry on payment of 40% of the arrears amount as per the undertaking within 15 days from the date of receipt of a copy of this order. It is also made clear that the petitioner shall make 10 equated monthly installments on or before 15th of every Month commencing from October 2018 and in case of any default in such payment, it is always open to the respondents to take action in terms of the Regulation.

6.With these directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-I) +1CC to Mr.C.S.Krishnamoorthy,Advocate in Sr.No.79385. RMK DS SKN RSK SAR-1 ;29.08.2018; 2P/2C W.P.(MD)No.17650 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 20.08.2018