Madras High Court
M/S.Sonal Irons Industry (Pvt) ... vs The Chairman on 22 December, 2021
W.P.No.27499 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.27499 of 2021
M/s.Sonal Irons Industry (Pvt) Ltd.,
O.267/268, Kothajogur Village,
Komearanapalli Panchayat,
Denakanikottai Taluk, Hosur,
rep. by its Authorized Signatory,
V.Muniraj ... Petitioner
vs.
1. The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai,
Chennai 600 002.
2. The Superintending Engineer,
TANGEDCO,
Krishnagiri Electricity Distribution Circle,
Krishnagiri. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Mandamus, directing the Respondents to
permit the Petitioner to pay the past period arrears of additional surcharge of
Rs.27,14,534/- in ten equal monthly instalments along with their regular CC
charges.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.L.Jai Venkatesh
Page No.1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.27499 of 2021
ORDER
Petitioner has come up with this Writ Petition seeking a direction to the
Respondents to permit them to pay the past period arrears of additional
surcharge of Rs.27,14,534/- in ten equal monthly instalments along with their
regular CC charges.
2. According to the Petitioner, they were issued a demand letter
dated 25.11.2021, informing them to pay additional surcharge for the past
period from April 2021 to September 2021 along with BPSC charges
calculated at 1.5% p.m. (i.e. 18% per year) in one lumpsum within a period of
15 days from the date of receipt of the impugned notice, failing which, their
HT service connection will be disconnected. Due to COVID-19 pandemic,
the Petitioner could not fulfil the demand of the Respondents. The grievance
of the Petitioner is that, the impugned notice directing payment of charges as
demanded by the Respondents in one lumpsum would cause serious prejudice
to them, as they are already facing financial crisis. Hence, having no other
alternative, the Petitioner has come up with the present Writ Petition.
3. Learned counsel for the Petitioner submitted that, a similar issue
has already been dealt with by a Division Bench of this Court in
W.A.Nos.3075 to 3078 vide judgment dated 24.04.2008 and the same relief
https://www.mhc.tn.gov.in/judis
W.P.No.27499 of 2021
may be granted to the Petitioner herein and that, the Petitioner may be
permitted to pay the past arrears of additional surcharge with BPSC at 1% per
month (i.e. 12% per year) in ten equal instalments along with their regular CC
charges.
4. Learned Standing Counsel appearing for the Respondents
objected to the submissions of the learned counsel for the Petitioner and
stated that, the judgment dated 24.04.2008 relied on by the learned counsel
for the Petitioner in W.A.Nos.3075 to 3078 will not be applicable to the facts
of this case and hence, the relief sought for by the Petitioner cannot be
granted and that, the Writ Petition is liable to be dismissed.
5. Though the Division Bench of this Court has ordered payment of
BPSC charges in the said Writ Appeals, it has reduced the interest
component. As the present set of facts are not identical to the case before the
Division Bench, modification in interest would not arise. Hence, this Court,
in the interest of justice, feels it appropriate that, the amount quantified by the
Respondents may be directed to be paid in ten equal instalments.
6. Accordingly, this Court directs the Petitioner to pay a sum of
Rs.27,14,534/- quantified by the Respondents in the demand notice dated
25.11.2021, in ten equal instalments, of which the first instalment shall be
https://www.mhc.tn.gov.in/judis
W.P.No.27499 of 2021
paid on 05.01.2022 and the subsequent instalments shall be paid on the 5th of
every subsequent month.
The Writ Petition is disposed of accordingly. No costs.
22.12.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
Note to Registry: Issue copy of this order on or before 29.12.2021.
To:
1. The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai,
Chennai 600 002.
2. The Superintending Engineer,
TANGEDCO,
Krishnagiri Electricity Distribution Circle,
Krishnagiri.
https://www.mhc.tn.gov.in/judis
W.P.No.27499 of 2021
M.DHANDAPANI,J.
(aeb)
W.P.No.27499 of 2021
22.12.2021
https://www.mhc.tn.gov.in/judis
