M/S.Sri Kaderi Ambal Mills v. The Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD)No.9131 of 2016 M/s.Sri Kaderi Ambal Mills Limited rep.by its Managing Director SV.Pethaperumal HTSC No.059094610046 Peratukottai Village Shanmuganathapuram-630 364 Sivagangai District ... Petitioner vs.

1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai-600 002 2.The Superintending Engineer Sivagangai Elect.Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Sivagangai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to permit the petitioner to pay the Additional Current Consumption Deposit of Rs.10,84,060/- alone in 12 equal monthly instalments along with the regular current consumption charges. For Petitioner :

Mr.N.Sudalaimuthu For Respondents :

Mr.G.Kasinathadurai.

O R D E R

The petitioner has filed this writ petition for issuance of writ of mandamus, directing the second respondent to permit the petitioner to pay the additional security deposit of Rs.10,84,060/- alone in twelve equal monthly instalments along with the regular current consumption charges.

2. The petitioner is a private limited company and has been granted a HT service connection coming under the control of the second respondent. The petitioner has been issued a demand notice for payment of additional security deposit. The petitioner is willing to pay the amount and seeks permission to pay the same in twelve equal monthly instalments.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned standing counsel for the respondents strongly objected to grant the relief sought for by the petitioner and submitted that in terms of rules, the additional security deposit could be paid in three equal monthly instalments.

4. When an identical issue came up for consideration, the Hon'ble Division Bench of this Court, in W.A.(MD) Nos.407 and 408 of 2012 etc. batch, taking note of the fact that the respondents / writ petitioners therein had already paid three instalments, by order dated 02.08.2012, granted three more instalments to pay the remaining amount.

5. In the light of the order passed by the Hon'ble Division Bench of this Court, permitting the consumer to pay the additional security deposit in six equal instalments, this Court is of the view that similar benefit could be extended to the petitioner also.

6. The writ petition is disposed of by directing the second respondent to accept the payment of additional security deposit from the petitioner in six equal monthly instalments along with regular current consumption charges commencing from June 2016. No costs. Sd/ Vacation Officer.

/True Copy/ Sub Assistant Registrar.

To 1.The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai Chennai-600 002 2.The Superintending Engineer Sivagangai Elect.Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Sivagangai.

+1CC to M/S.N.Sudalaimuthu, Advocate, SR.No. 25875. W.P.(MD)No.9131 of 2016 04.05.2016 (5/18) arul/krk AM/JGB.SS/10.05.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/