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Madras High CourtWP(MD)/16167/2025disposed of

M/S. R.V. Ice Plant v. The Chairman Cum Managing Director

2025-06-13Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.P.(MD) No.12238 of 2025 M/s.R.V.Ice Plant, Rep. By its Proprietor, G.Arulraja.

... Petitioner Vs

1. The Chairman Cum Managing Director, Tamil Nadu Generation Distribution Corporation Ltd, Tangedco, Npkrr Maaligai, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Financial Controller / Revenue, No.144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Tangedco Known as TNEB Formerly Turicorin Electricity Distribution Circle, Tuticorin District.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Lr.No.SE/TEDC/TTN/DFC/AO/REV/AAO/HT/AS.2/F.274/D. 294/25, dated 04.06.2025 and Ka.No.Mae.Po/Tho.Me.Pa.Va/Thu.Ni.Ka.A/Tha.A/Va.Pi/Oo.Ka.A/Oo.Me.A.Pi/K a.Mae.2/Ko.274/Ka.No.301/25 , dated 05.06.2025, issued by the 3rd respondent and quash the same, and consequently directing the 3rd respondent herein to restore the Electricity connection in HT service No.274 on accepting the arrears on installment basis of M/s R.V.Ice Plant, having its office at C77/B2, SIPCOT Industrial Complex, Meelavittan, Tuticorin District, based on the petitioner's representation dated 02.06.2025 and 04.06.2025. For petitioner : Mr.S.Sades Kumar For respondents : Mr.S.Deenadhayalan (R1 & R3) Standing Counsel Mr.C.Satheesh (R2) Government Advocate *****

ORDER

This writ petition has been filed challenging the impugned communications dated 04.06.2025 and 05.06.2025 in Lr.No.SE/TEDC/TTN/DFC/AO/REV/AAO/HT/AS.2/F.274/D.294/25 and 2/6

Ka.No.Mae.Po/Tho.Me.Pa.Va/Thu.Ni.Ka.A/Tha.A/Va.Pi/Oo.Ka.A/Oo.Me.A.Pi/K a.Mae.2/Ko.274/Ka.No.301/25 issued by the third respondent respectively with a consequential direction to the third respondent herein to restore the electricity connection in HT service No.274 on accepting the arrears on installment basis, based on the petitioner's representations dated 02.06.2025 and 04.06.2025.

2. This writ petition is disposed of at the time of admission, after hearing the learned counsel appearing for the petitioner and the learned standing counsel and the learned Government Advocate appearing for the respondents.

3. The petitioner had earlier secured an order from the writ Court in WP(MD)No.14754 of 2020 on 16.10.2020, wherein, the demand notice was quashed and the petitioner was allowed to pay current consumption charges, after deducting 80% of the demand charges and low power factor surcharges. However, the aforesaid order has been reversed by the Division Bench of this Court, by its order dated 13.02.2025 in WA(MD)No.550 of 2021. Pursuant to the said order, the third respondent issued the impugned communications. Challenging the same, this writ petition came to be filed. 3/6

4. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that the power connection was disconnected as early as in the year 2020 and the petitioner is now ready and willing to pay an amount of Rs.25,48,478/- in six equated monthly installments as demanded by the impugned communication dated 04.06.2025 and he also undertakes to pay HD reconnection charges of Rs.6,65,205/- immediately to facilitate the respondents to do the needful.

5. Considering the fact that the petitioner had indeed suffered due to outbreak of Covid-19 pandemic, which led to large scale disruptions of economic activity and also considering the fact that the petitioner is ready and willing to pay the electricity charges, there shall be a direction to the petitioner to pay the amount of Rs.25,48,478/- in six equated monthly installments as determined by the impugned communication dated 04.06.2025 issued as per the order of the Division Bench of this Court in WA(MD)No.550 of 2021 and also to pay HD reconnection charges of Rs.6,65,205/- immediately to facilitate the respondents to do the needful. The respondents are also directed to accept the said payment and restore the petitioner's electricity service connection. 4/6

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 13.06.2025 NCC : Yes / No Sm Note: Issue order copy on 16.06.2025.

5/6

C.SARAVANAN, J.

Sm To

1. The Chairman Cum Managing Director, Tamil Nadu Generation Distribution Corporation Ltd, Tangedco, Npkrr Maaligai, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Financial Controller / Revenue, No.144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Tangedco Known as TNEB Formerly Turicorin Electricity Distribution Circle , Tuticorin District.

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