Madras High CourtWP(MD)/9182/2016disposed of

M/S.Jasmine Towels (P) Ltd., v. The Chairman,

2016-05-25Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.05.2016

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.9182 of 2016 M/s.Jasmine Towels (P) Ltd., Unit II HTSC No.138 No.242/1b, Virathanur Village, Sivagangai District rep. by its General Manager A.V.Krishnaswami ... Petitioner Vs

1. The Chairman Tamil Nadu Generation and Distribution Corporation Limited, 144 Anna Salai Chennai

2. The Superintending Engineer, Sivagangai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Sivagangai District.

...

Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to permit the petitioner to pay the additional security deposit of Rs.13,74,381/- alone in 10 equal monthly installments along with the regular current consumption charges.

For petitioner : Mr.N.Sudalaimuthu For respondents : Mr.S.M.S.Johnny Basha Standing Counsel

ORDER

The petitioner has come forward with this Writ Petition directing the second respondent to permit the petitioner to pay the additional security deposit of Rs.13,74,381/- alone in 10 equal monthly installments along with the regular current consumption charges.

2. Mr.S.M.S.Johnny Basha, learned Standing Counsel takes notice for the respondents.

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3. By consent, this Writ Petition itself is taken up for

final disposal.

4. The learned counsel appearing for the petitioner would submit that since the petitioner company is financially unsound, they are unable to pay the additional security deposit as required by the respondents. Hence, the prayer of the petitioner may be considered by this Court.

5. The learned Standing Counsel appearing for the respondents would submit that even as per the electricity norms, only three instalments are allowed. Therefore, the prayer of the petitioner is out of the purview of the electricity norms, which cannot be considered by the respondents.

6. In the light of the facts stated supra, since it is the specific case of the petitioner firm that they are unable to deposit the additional security deposit within the time stipulated by the respondents and their financial position is not sound, this Court is incline to permit the petitioner firm to pay the entire quantified amount by the respondents, within six equated installments, commencing from 05.06.2016. However, it is made clear that this case shall not be precedent for any other cases. With the above direction, this Writ Petition stands disposed of. 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

2. The Superintending Engineer, Sivagangai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Sivagangai District.

+ 1 CC TO MR.N.SUDALAIMUTHU, ADVOCATE IN SR NO. 27063 W.P(MD).No.9182 of 2016 25.05.2016 RR TE/AN-MP/SAR-I : 23/05/2016 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/