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Madras High Court

Kmp Spinners Private Limited vs The Chairman on 12 August, 2022

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                       W.P.No.21103 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 12.08.2022

                                                        CORAM:

                                  THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                W.P.No.21103 of 2022


                     KMP Spinners Private Limited,
                     SF No.299/7, Chinnarpalayam,
                     Elanthakuttai Post,
                     Veppadai,
                     Kumarapalayam Taluk,
                     Namakkal District
                     Rep. By its Authorised Signatory Suhail Ahmed       ... Petitioner




                                               Versus
                     1. The Chairman,
                        Tamil Nadu Generation and Distribution
                        Corporation Limited,
                        144, Anna Salai,
                        Chennai 600 002.

                     2. The Superintending Engineer,
                        TANGEDCO
                        Mettur Electricity Distribution Circle,
                        Mettur Dam.                                     ... Respondents




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https://www.mhc.tn.gov.in/judis
                                                                                     W.P.No.21103 of 2022

                                  Petition filed under Article 226 of the Constitution of India praying to
                     issue Writ of Mandamus directing the first and second respondent to permit
                     the petitioner to pay the Additional Security Deposit of Rs.10,86,155/- alone
                     in 06 equal monthly instalments along with regular current consumption
                     charges.
                                        For Petitioner      : Mr.R.S.Pandiya Raj

                                        For Respondents : Mr.L.Jai Venkatesh

                                                            ORDER

This writ petition has been filed for a Mandamus seeking to direct the respondents to permit the petitioner to pay additional security deposit in six equal monthly instalments along with regular current consumption charges.

2. Heard Mr.R.S.Pandiya Raj, learned counsel for the petitioner.

Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice on behalf of the respondents. By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

3. The petitioner is having high tension power supply. They claim that already security deposits are available with the respondents and for the Financial Year 2021-2022, the respondents have demanded Rs.10,86,155/-

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https://www.mhc.tn.gov.in/judis W.P.No.21103 of 2022 [Rupees Ten Lakhs, Eighty six thousand One hundred and Fifty five only] as additional security deposit.

4. According to the petitioner, they have been called upon to pay the additional security deposit in one lump sum amount, which is not financially possible.

5. Learned counsel for the petitioner drew the attention of this Court to various orders passed by learned Single Judges of this Court granting payment of additional security deposit in six equal monthly instalments:

i) WP No.16246 of 2016 dated 29.04.2016 (M/s Sonal Vyapar Ltd vs The Chairman, TANGEDCO and another)
ii)W.P.No.9971 of 2020 dated 31.07.2020 (Parani Spinning Mills (P) Ltd vs The Chairman, TANGEDCO and another)
iii)W.P.No.10858 of 2021 dated 29.04.2021 (V.R.Foundries vs The Chairman, TANGEDCO and another)
iv)W.P.No.14688 of 2021 dated 19.07.2021 (Sangeeth Textile Pvt.Ltd vs The Chairman, TANGEDCO and another) 3/6 https://www.mhc.tn.gov.in/judis W.P.No.21103 of 2022

6. Since the petitioner is similarly placed, the same order can be passed in respect of this petitioner also.

7. Learned Standing Counsel appearing for the respondents has not raised any serious objection in granting the relief as sought for in the writ petition.

8. For the foregoing reasons, this Court directs the petitioner to pay the additional security deposit as stated supra to the respondents in six equal monthly installments along with regular current consumption charges on or before 5th of every English calendar month commencing from September 2022.

With the aforesaid direction, this writ petition is disposed of. No costs.

12.08.2022 mfa Index: Yes/No Speaking Order/Non-Speaking Order Note: Issue Order Copy on 16.08.2022 4/6 https://www.mhc.tn.gov.in/judis W.P.No.21103 of 2022 To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, TANGEDCO Mettur Electricity Distribution Circle, Mettur Dam.

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https://www.mhc.tn.gov.in/judis W.P.No.21103 of 2022 ABDUL QUDDHOSE, J mfa W.P.No.21103 of 2022 12.08.2022 6/6 https://www.mhc.tn.gov.in/judis