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[Cites 2, Cited by 1]

Madras High Court

M/S.Meenakshi Udyog (I) Private ... vs The Chairman And Managing Director on 15 June, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                       W.P.Nos.17856 and 17857 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 15.06.2023

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                          W.P.Nos.17856 and17857 of 2023

                     M/s.Meenakshi Udyog (I) Private Limited,
                     S.F.No.291 and 292, Kappakkai Village,
                     Kalukondapally, Uliveeranpally (Po),
                     Hosur,
                     Represented by its
                     Authorised Signatory B.Balaji.       ... Petitioner in W.P.No.17856 of 2023

                     M/s.Nandhini Castings,
                     D.No.7/208, S.F.No.299/2B,
                     Nagammanaikenpalayam,
                     Pattnam,
                     Coimbatore,
                     Represented by its Authorised Signatory
                     S.Balasubramaniyan                  ... Petitioner in W.P.No.17857 of 2023

                                                        Vs.

                     1. The Chairman and Managing Director,
                        Tamil Nadu Generation and Distribution,
                          Corporation Limited,
                        144, Anna Salai,
                        Chennai - 600 002.                            ... 1st Respondent
                                                                           in both W.Ps'


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                                                                        W.P.Nos.17856 and 17857 of 2023

                     2. The Superintending Engineer,
                        TANGEDCO,
                        Krishnagiri Electricity Distribution Circle,
                        Krishnagiri.                                   ... 2nd Respondent in
                                                                       W.P.No.17856 of 2023

                     3. The Superintending Engineer,
                        TANGEDCO,
                        Coimbatore Electricity Distribution Circle,
                        Coimbatore.                                    ... 2nd Respondent in
                                                                       W.P.No.17857 of 2023

                     PRAYER in W.P.No.17856 of 2023: Petition filed under Article 226 of the
                     Constitution of India praying for issuance of Writ of Mandamus, directing
                     the respondents 1 and 2 to permit the petitioner to pay the Additional
                     Security Deposit of Rs.6,61,69,655/- alone in ten equal monthly
                     installments, along with the regular current consumption charges.

                     PRAYER in W.P.No.17857 of 2023: Petition filed under Article 226 of the
                     Constitution of India praying for issuance of Writ of Mandamus, directing
                     the respondents 1 and 2 to permit the petitioner to pay the Additional
                     Security Deposit of Rs.14,79,903/- alone in seven equal monthly
                     installments, along with the regular current consumption charges.

                                   For Petitioners
                                   in both W.Ps'      :       Mr.R.S.Pandiyaraj


                                   For Respondents in :       Mr.S.Madhusundanan
                                   W.P.No.17856/2023

                                   For Respondents in :       Mr.L.Jai Venkatesh
                                   W.P.No.17857/2023


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                                                                             W.P.Nos.17856 and 17857 of 2023

                                                 COMMON ORDER

Since the issue raised in both these Writ Petitions is one and the same, with the consent of the learned counsel appearing for both sides, both the Writ Petitions have been heard together and are disposed of by this common order.

2. The petitioners have filed these Writ Petitions seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 in respective writ petitions to permit the petitioners to pay the respective Additional Security Deposit of Rs.6,61,69,655/- and Rs.14,79,903/- respectively alone in 10 and 7 equal monthly installments, along with the regular current consumption charges.

3. The learned counsel for the petitioners has brought to the notice of the Court that an earlier order passed by this Court in W.P.No.11500 of 2017, in which, the learned Single Judge has followed the decision of the Division Bench of this Court in Tamil Nadu Electricity Board Vs. Mani Spinning Mills (P) Limited reported in [CDJ 2012 MHC 4380] ~(W.A.(MD) Nos.407 to 412 of 2012 dated 02.08.2012). Since the issue _________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.17856 and 17857 of 2023 involved in this case is identical to the one involved in the aforesaid cases, this Court is inclined to grant similar relief to the petitioners herein.

4. Accordingly, the Writ Petitions are disposed of and the petitioners are directed to pay the respective Additional Security Deposit to the second respondent in respective Writ Petitions in six equal monthly installments along with the regular current consumption charges, commencing from 1st July, 2023 and shall pay the installments on or before 10th of every succeeding English Calendar month, failing which, it is open to the respondents in respective Writ Petitions to initiate appropriate action against the petitioners in accordance with law. No costs.

15.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji Note: Issue order copy today (i.e., 15.06.2023) _________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.17856 and 17857 of 2023 To

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

2. The Superintending Engineer, TANGEDCO, Krishnagiri Electricity Distribution Circle, Krishnagiri.

3. The Superintending Engineer, TANGEDCO, Coimbatore Electricity Distribution Circle, Coimbatore.

_________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.17856 and 17857 of 2023 M.DHANDAPANI,J.

vji W.P.Nos.17856 and17857 of 2023 15.06.2023 _________ Page 6 of 6 https://www.mhc.tn.gov.in/judis