Madras High Court
M/S.Indus Steels And Alloys Ltd vs The Union Of India on 24 March, 2022
W.P.No.18072 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2022
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.18072 of 2005
and M.P.No.19638 of 2005
M/s.Indus Steels and Alloys Ltd.,
Rep. by the Executive Director,
Thally Road, Kalukondapally Post,
Denkanikottai Taluk,
Kalukondapally - 635 114.
Dharmapuri District. ... Petitioner
Vs.
1. The Union of India,
Rep. by the Secretary,
Department of Energy, New Delhi.
2. The State of Tamil Nadu,
Rep. by the Secretary,
Department of Energy,
Fort St.George, Chennai - 600 009.
3. The Tamil Nadu Electricity Regulatory Commission,
Rep. by its Secretary,
18, 3rd Cross Street, Seethammal Colony,
Alwarpet, Chennai - 600 018.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.18072 of 2005
4. The Tamilnadu Electricity Board,
Rep. by the Chairman,
800, Anna Salai, Chennai - 600 002.
5. The Superintending Engineer,
Dharmapuri Electricity Distribution Circle,
TNEB Dharmapuri, Dharmapuri District.
PIN 636 705. ... Respondents
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Declaration, to declare that
the Regulation 5(5)(ii)(a) of the Tamil Nadu Electricity Supply Code 2004
is unreasonable arbitrary illegal violative of Constitution of India and
without jurisdiction.
For Petitioner : M/s.S.Rajesh
For Respondent : M/s.J.Madanagopal Rao
No.1 Senior Panel Counsel
For Respondent : M/s.M.Rajendiran
No.2 Additional Government Pleader
For Respondent : M/s.L.Jai Venkatesh
Nos.3 to 5 Standing Counsel
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2/6
https://www.mhc.tn.gov.in/judis
W.P.No.18072 of 2005
ORDER
The Writ Petition has been preferred for declaring Regulation
5(5)(ii)(a) of the Tamil Nadu Electricity Supply Code 2004 as unreasonable
and arbitrary. The matter is no longer res integra. The very same issue was
taken up by the Division Bench of this Court in the case of Sidhi Smelters
Private Limited rep. by its Executive Director & another Vs. the Tamil
Nadu Electricity Board rep. by its Chairman & others reported in CDJ
2007 MHC 4297. The Division Bench upheld levying of additional security
deposit and considered the request of the payment of the additional security
deposit in installments. In the present case also, the petitioner has
challenged Regulation 5(5)(ii)(a) of the Tamil Nadu Electricity Supply
Code 2004.
2. In line of the judgment passed by the Division Bench of this
Court, while dismissing this Writ Petition, this Court is inclined to grant
permission to the petitioner for paying the additional security deposit in
installments.
https://www.mhc.tn.gov.in/judis
W.P.No.18072 of 2005
With the above direction, the Writ Petition is dismissed. There
shall be no order as to costs.
25.03.2022
asi
To
1. The Secretary,
Union of India,
Department of Energy, New Delhi.
2. The Secretary,
Department of Energy,
Fort St.George, Chennai - 600 009.
3. The Secretary,
Tamil Nadu Electricity Regulatory Commission,
18, 3rd Cross Street, Seethammal Colony,
Alwarpet, Chennai - 600 018.
https://www.mhc.tn.gov.in/judis
W.P.No.18072 of 2005
4. The Chairman,
Tamilnadu Electricity Board,
800, Anna Salai, Chennai - 600 002.
5. The Superintending Engineer,
Dharmapuri Electricity Distribution Circle,
TNEB Pin - 636 705.
https://www.mhc.tn.gov.in/judis
W.P.No.18072 of 2005
M. GOVINDARAJ, J.
asi
W.P.No.18072 of 2005
and M.P.No.19638 of 2005
25.03.2022
https://www.mhc.tn.gov.in/judis
