M/S.Sree Vishnu Annamalaiyar v. The Chairman,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13207 of 2017 and WMP(MD)No.10274 of 2017 M/s.Sree Vishnu Annamalaiyar Paper Mills Ltd., Rep. by its Managing Director, K.RA.G.Saravanan, 9/4/52, Valmeegi Street, Sriram Nagar, Kottaiyur, Karaikudi Taluk, Sivagangai District.
... Petitioner vs.
1)The Chairman, 144, Annasalai, Chennai.
2)The Superintending Engineer, Sivagangai Electricity Distribution Circle, Sivagangai District.
3)The Assistant Executive Engineer/Distn/O & M, Sivagangai Electricity Distribution Circle, Sivagangai District.
... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to grant time till 21.08.2017 for the payment of Rs.26,24,964/- towards the electricity consumption charges for the month of June 2017, by M/s.Sree Vishnu Annamalaiyar Paper Mills Ltd., at Vediyangudi Village, Puduvayal (Via), Karaikudi Taluk, Sivagangai District and further not to disconnect the same till 21.08.2017 based on the petitioner's representation dated 08.07.2017. For Petitioner : Mr.M.Lingadurai For Respondents : Mrs.S.Srimathi for Mr.S.M.S.Johny Basha
ORDER
The petitioner has come to this Court seeking issuance of a Writ of Mandamus, directing the respondents to grant time till 21.08.2017 for payment of Rs.26,24,964/- towards electricity consumption charges for the month of June 2017 by M/s.Sree Vishnu
Annamalaiyar Paper Mills Ltd., at Vediyangudi Village, Puduvayal (Via), Karaikudi Taluk, Sivagangai District and further not to disconnect the same till 21.08.2017, based on the petitioner's representation dated 08.07.2017.
2.The petitioner has filed an affidavit dated 18.07.2017 stating as follows:- ''7.I submit that, due to the impact of GST I unable to pay Electricity Bill for the month of June 2017 Rs.26,24,964/- and the last date for making payment is 21.7.2017. Hence I have filed this writ petition seeking time for making payment till 21.8.2017. I request this Hon'ble Court to give two installments for making the above said payment of Rs.26,24,964/- June 2017. During the course of time for the month of July 2017 Electricity Bill will be paid as per the due date granted by the 2nd respondent. I assure before this Hon'ble Court that for making the payment of July 2017 and further Electricity Bills for the subsequent months I will not seek time for making payment.
10.I am approaching this Hon'ble Court grant two installments of time for the payment of July, 2017 Bill of Rs.26,24,964/- which is due on 21.07.2017 and to pay on or before 21.08.2017. I have no other effective efficacious and alternative remedy except to approach this Hon'ble Court under Article 226 of the Constitution of India, 1950.''
3.In view of the above statement, the petitioner is granted two installments for making the aforesaid payment of Rs.26,24,964/- to the respondents. 50% of the said amount shall be paid within fifteen days from today and the remaining 50% of the amount shall be paid on or before 21.08.2017 as sought for by the petitioner. It is needless to mention that if the petitioner commits default in making installments, the respondents can proceed against the petitioner in accordance with law. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1)The Chairman, 144, Annasalai, Chennai.
2)The Superintending Engineer, Sivagangai Electricity Distribution Circle, Sivagangai District.
3)The Assistant Executive Engineer/Distn/O & M, Sivagangai Electricity Distribution Circle, Sivagangai District.
+1cc to Mr.M.Lingadurai,Advocate,SR. 66426 WP(MD)No.13207 of 2017 19.07.2017 NBI KK/SKN RSK/SAR4/19.07.2017/3P-5C/