Madras High Court
M/S.Ashvika Spinning Mills vs Tamil Nadu Electricity Board on 22 June, 2021
W.P..No.9979 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2021
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.9979 of 2021
M/s.Ashvika Spinning Mills,
A Registered Partnership Firm,
Represented by its,
Partner P.Jagadeesh Permual,
No.9/29A, Maranna Goundenpudur,
Karamadai, Mettupalayam Taluk,
Coimbatore-641 104. .. Petitioner
vs.
1.Tamil Nadu Electricity Board,
Represented by its
Superintending Engineer,
Coimbatore Distribution System,
North Power House,
Coimbatore.
2.The Executive Engineer,
Tamil Nadu Electricity Board,
Mettupalayam.
3.The Assistant Engineer,
Tamil Nadu Electricity Board,
Karamadai.
4.The Assistant Executive Engineer,
Anti-Power Theft Squad,
Ootacamund. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
1
W.P..No.9979 of 2021
rd
praying for issuance of a Writ of Mandamus directing the 3 respondent to
disconnect the service connection permanently in SC 147-010-451 and
consequently to direct the respondent to refund the caution deposit of
Rs.7,19,205/-.
For Petitioner : Mr.P.Saravanan
For Respondents : Mr.N.Damodharan
Standing Counsel
ORDER
The case of the petitioner is that it is a partnership firm engaged in the
business of running spinning mills for production of cotton yearns, for which
the second respondent had given electricity service connection of 105 H.P.
load vide SC.No.147-010-451 with caution deposit of Rs.7,19,205/-. The
petitioner spinning mill had applied for additional load and at present, the
sanctioned load is 150 HP. While that being so, the third respondent issued a
Show Cause Notice dated 21.06.1999 on the ground that the petitioner mill
has violated the terms and conditions of supply of electricity. Challenging the
same, the petitioner filed a Suit for Declaration in O.S.No.115 of 1999 before
the District Munsif Court, Mettupalayam and the Suit was decreed in favour
of the petitioner, vide judgment and decree dated 02.11.2005. The
respondents Board filed an appeal in A.S.No.138 of 2005 before the District
and Sessions Court at Coimbatore, which was also decreed in favour of the
petitioner on 23.01.2007. Challenging the same, the respondent Board filed a
Second Appeal before this Court in S.C.No.1121 of 2008, which was
W.P..No.9979 of 2021
dismissed for default on 08.11.2019. In the meantime, the petitioner mill
was closed during November 2016 and they submitted a representation dated
08.02.2021 to the third respondent seeking to disconnect the electricity supply
permanently and refund the caution deposit and since no orders came to be
passed, the petitioner has filed the present writ petition.
2. According to the learned counsel appearing for the respondents
Board, the respondents have already moved an application before this Court
for restoration of the Second Appeal in S.C.No.1121 of 2008 and it is yet to
numbered and efforts are being taken to number the said application and
restoration of the aforesaid Second Appeal.
3. The grievance of the writ petitioner is that they have closed the mill
during 2016 and they have requested the respondents Board to disconnect the
electricity supply from 06.01.2018. The Suit filed by the petitioner in
O.S.No.115 of 1999 as against the Show Cause Notice issued by the third
respondent was decreed in favour of the petitioner and so also the Appeal Suit
in A.S.No.138 of 2005 filed by the respondent Board. The Second Appeal in
S.A.No.1121 of 2008 filed by the respondents Board before this Court was
dismissed for default on 08.11.2018 and the respondents have moved an
W.P..No.9979 of 2021
application for restoration and it is yet to be numbered. In such
circumstances, the petitioner has submitted the representation dated
08.02.2021 to the third respondent seeking refund of the caution deposit.
4. Considering the above facts and circumstances, this Court directs the
third respondent to consider the representation of the petitioner dated
08.02.2021 and shall pass orders positively, as expeditiously as possible,
preferably within a period of eight weeks from the date of receipt of a copy of
this order. It is also made clear that the decision taken will be subject to the
outcome of the Second Appeal before this Court and the petitioner shall also
submit an undertaking to that effect before the respondents Board.
5. This Writ Petition stands disposed of accordingly. No costs.
22.06.2021
Index : Yes / No
Internet : Yes / No
Jvm
To
1.Tamil Nadu Electricity Board,
Represented by its
Superintending Engineer,
Coimbatore Distribution System,
W.P..No.9979 of 2021
North Power House,
Coimbatore.
2.The Executive Engineer,
Tamil Nadu Electricity Board,
Mettupalayam.
3.The Assistant Engineer,
Tamil Nadu Electricity Board,
Karamadai.
4.The Assistant Executive Engineer,
Anti-Power Theft Squad,
Ootacamund.
D.KRISHNAKUMAR. J
Jvm
W.P..No.9979 of 2021
W.P.No.9979 of 2021
22.06.2021
