Madras High Court
Adisankara Spinning Mills (P) Ltd vs The Chairman on 5 May, 2021
W.P(MD)No.9330 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.05.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.9330 of 2021
Adisankara Spinning Mills (P) Ltd,
HTSC 059094500182,
Vedasandur Taluk,
Dindigul District Rep. By its
Authorised Singatory D.Mohan Raj ... Petitioner
Vs.
1.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai,
Chennai - 600 002.
2.The Superintending Engineer,
TANGEDCO,
Dindigul Electricity Distribution Circle,
Dindigul. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
seeking for issuance of a Writ of Mandamus, directing the 1st and 2nd
respondent to permit the petitioner to pay the Additional Security
Deposit of Rs.58,16,369/- alone in six equal monthly instalments along
with regular current consumption charges.
1/7
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9330 of 2021
For Petitioner : Mr.R.S.Pandiaraj
For Respondents : Mrs.S.Srimathy
ORDER
This writ petition is filed for a Mandamus, directing the 1st
and 2nd respondents to permit the petitioner to pay the Additional
Security Deposit of Rs.58,16,369/- alone in six equal monthly
instalments along with regular current consumption charges.
2. The case of the petitioner is that he is having HT service
connection bearing No.059094500182 with the second respondent and
has also given security deposit of Rs.1,06,41,161/-. As per Regulation
5(5)(ii) (a) of the Tamil Nadu Electricity Supply Code, 2004, the CCD
should be two times of the average of the electricity charges for the
preceding twelve months prior to April. The second respondent vide his
letter dated 27.04.2021, directed the petitioner to pay the Additional
Security Deposit of Rs.58,16,369/- over and above the existing deposit of
Rs.1,06,41,161 /- in one lump sum and also directed that on failure of
payment of such deposit, electricity supply to the petitioner's Company
would be disconnected.
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W.P(MD)No.9330 of 2021
3. Mr.R.S.Pandiaraj, learned counsel for the petitioner by
relying on the judgment of a Division Bench of this Court in
W.A(MD)No.407 of 2012 etc., batch dated 02.08.2012, would submit
that though the Regulation does not provide for payment on instalments,
in similar circumstances, this Court has extended the benefit of payment
of Additional Security Deposit amount on instalments. He would further
submit that in view of the present day Covid-19 Pandemic situation,
similar relief can be granted to the petitioner also, otherwise, it would be
difficult for the petitioner to pay the entire amount in one lump sum.
4. Mrs.S.Srimathy, learned Standing Counsel, takes notice for
the respondents and would submit that as per Regulation 5(5)(ii)(a) of
the Tamil Nadu Electricity Supply Code, 2004, CCD should be two
times of the average of the electricity charges for the preceding twelve
months prior to April and depending upon the consumption of the
petitioner, the Additional Security Deposit has been called for from the
petitioner, vide letter dated 27.04.2021. There is no provision available
under the Regulation for granting the benefit of payment of Additional
Security Deposit amount in instalments.
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W.P(MD)No.9330 of 2021
5. This Court paid its anxious consideration to the rival
submissions made and also perused the materials placed on record.
6. The Division Bench of this Court, in the decision rendered
in W.A(MD)No.407 of 2012 etc., batch, dated 02.08.2012, has held as
follows:
“8. It is to be pointed out that Regulation (5)(5)
(iv) of the Tamil Nadu Electricity Supply Code forms the
term of contract and the respondent(s) is governed by the
same, the purpose of adequacy of the current consumption
deposit is re-viewable once in 12 months. The purpose of
the review and obtaining additional Security Deposit is to
avoid any loss due to default in payment to current
Consumption Charges. When the adequacy of the current
consumption deposit is reviewable once in 12 months,
permitting the respondent(s)/writ petitioner(s) to pay
additional Security Deposit in twelve instalments will
defeat the very provision since the Additional Security
Deposit is to be reviewed every year that is after every 12
months. The direction issued by the Writ Court is against
the express statutory provisions of the Tamil Nadu
Electricity Supply Code and the same cannot be sustained
and is liable to be set aside.
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W.P(MD)No.9330 of 2021
9. It was stated that the respondent (s) / writ
petitioner (s) have paid three instalments as per the order
of the Writ Court and the remaining amount is payable in
three equal instalments commencing from August, 2012.
So far as the remaining amount, the first installment is
payable on or before 10th of August, 2012, the second
instalment shall be payable on or before 10th September,
2012 and the third instalment is payable on or before 10th
October, 2012. Failure to pay any one of the instalments,
it is open to the appellant Electricity Board to proceed
against the respondent(s)/writ petitioner(s) in accordance
with law. Accordingly, the order of the Writ Court is
modified and the Writ Appeals are partly allowed. No
Costs. Connected Miscellaneous Petitions are closed.”
7. By following the decision of the Division Bench of this
Court, this Court has also passed several other orders, which have also
been relied on by the learned counsel for the petitioner in support of his
submissions.
8. Since similar relief has been granted by this Court to the
similarly placed persons like that of the petitioner, considering the
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W.P(MD)No.9330 of 2021
Covid-19 Pandemic situation, the same benefit shall be extended to the
petitioner also. Therefore, the respondents are directed to accept the
payment of Additional Security Deposit from the petitioner in six
monthly instalments along with regular current consumption charges
commencing from June, 2021.
9. Accordingly, the Writ Petition is allowed. No Costs.
05.05.2021
Index :yes/No
Internet:yes/No
pm/am
NOTE: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented
is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9330 of 2021
B.PUGALENDHI. J.
pm/am
W.P(MD)No.9330 of 2021
05.05.2021
https://www.mhc.tn.gov.in/judis/
