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Madras High CourtWP(MD)/28718/2024disposed of

M/S. Av Industries v. The Chairman Cum Managing Director

2025-02-06Honourable Mr.Justice Vivek Kumar Singh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.24343 of 2024 M/s.A.V.Industries 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 Engineer, Tamil Nadu Generation Distribution Corporation Ltd., TANGEDCO, Madurai Region, K.Pudur, Madurai - 625 007.

3. The Superintending Engineer, Tamil Nadu Generation Distribution Corporation Ltd., TANGEDCO, 1/6

Sivagangai Electricity Distribution Circle, Sivagangai.

: Respondents P RAYER:

Writ Petitions 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 letter No.SE/SEDC/SVGA/DFC/AO/REV/HT/AS/F.HTSC 155/D.No.372/24, dated 08.10.2024, 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.155 of M/s.A.V.Industries, Shed No.9, SIPCOT - Industrial Estate, Manamadurai, Sivagangai District based on the petitioners representation dated 04.10.2024. For Petitioner : Mr.S.Sadeskumar For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 to R3

O R D E R

This writ petition has been filed challenging the letter dated 08.10.2024 issued by the third respondent and to direct the third respondent to restore the electricity connection in HT Service No.155 of M/s.A.V. Industries, Shed No.9, SIPCOT - Industrial Estate, Manamadurai, Sivagangai District, based on the petitioner's representation, dated 04.10.2024.

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2. The petitioner claims that he purchased the industry from Samarajvee Trading Solutions and renamed the same as M/s.A.V.Industries. There was an outstanding amount of Rs.27,17,928/- towards power consumption charges along with an Additional Current Consumption Deposit (ACCD) of Rs.21,11,732/- and a Meter Caution Deposit (MCD) of Rs.40,000/- making the total amount due Rs. 48,69,660/- payable to the third respondent.

3. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is ready to pay 40% of the outstanding amount within a period of two weeks and the remaining outstanding amount in six equated monthly installments, for which, the learned counsel for the respondent - TANGEDCO has also agreed, however, with liberty to the respondent - TANGEDCO to proceed against the petitioner, in case of default in payment of any of the installments.

4. Recording the above submissions, the writ petition is disposed of directing the petitioner to pay 40% of the outstanding 3/6

amount within a period of two weeks as demanded by the respondent - TANGEDCO through Demand Notice dated 04.10.2024 and to pay the remaining outstanding amount in six consecutive equal monthly installments, of which the first installment shall be paid on or before 14.03.2025 and the subsequent five installments shall be paid on or before 14th day of every English Calendar month. Till such time, no coercive steps shall be taken by the respondent - TANGEDCO. If the petitioner fails to pay any one of the above payments, it is open to the respondent - TANGEDCO to proceed further in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. 06.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

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 Engineer, Tamil Nadu Generation Distribution Corporation Ltd., TANGEDCO, Madurai Region, K.Pudur, Madurai - 625 007.

3. The Superintending Engineer, Tamil Nadu Generation Distribution Corporation Ltd., TANGEDCO, Sivagangai Electricity Distribution Circle, Sivagangai.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.28718 of 2024 06.02.2025 6/6