IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 21.6.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.14327 of 2011 and M.P.No.1 of 2011 Mrs.Maragatham Rajan, W/o R.R.Rajan, Propx. of M/s. Lexus Liners, No.42, Anna Salai, Lakshmi Nagar Exten., Porur, Chennai-600 116. ... Petitioner -Vs.- 1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Chennai South Electricity Distribution Circle, Tamil Nadu Electricity Board, No.110, KVSS Complex, K.K.Nagar, Chennai-600 007. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing respondents to permit the petitioner to pay a sum of Rs.12,11,663/- in 10 equal monthly installments. For petitioner : Mr.M.R.Sivakumar For respondents : Mr.G.Vasudevan. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing respondents to permit the petitioner to pay a sum of Rs.12,11,663/- in 10 equal monthly installments. 2. Mr.G.Vasudevan, learned counsel takes notice on behalf of the respondents electricity board. By consent of both parties, https://hcservices.ecourts.gov.in/hcservices/ the writ petition is taken up for final disposal. 3. The writ petition has been filed challenging the show-cause notice dated 31.1.2011. Petitioner has given a representation dated 10.6.2011 praying to permit the petitioner to pay the penalty amount in 10 monthly installments. Since the representation has not been considered, and to avoid threat of disconnection petitioner is before this Court. 4. The prayer in the writ petition is vague. The respondents department analyzing the consumption of the petitioner under the deemed demand concept has worked out the penalty for exceeding 5% of the quota fixed at Rs.18,38,907/- and the working sheet has been enclosed. The department relies upon the order passed by the Tamil Nadu Electricity Regulatory Commission in M.P.No.42 of 2008. 5. In the impugned notice 15 days' time has been given to the petitioner from the date of receipt of the notice to show cause as to why the penalty amount should not be collected. The authority also given an opportunity to the petitioner to appear before the authority and give their objections. Without doing so, the petitioner has come forward before this court for payment of the penalty charges in installments. The counsel for the petitioner pleaded that the petitioner wants to make the payment in installments. 6. Since the petitioner has accepted to pay the penalty amount in 10 equal monthly installments, no purpose will be served by relegating the petitioner to go before the authority, in view of the earlier order passed by this Court granting liberty to pay the amount installment. Thiru G.Vasudevan, learned counsel for the respondents contended that 10 installments will not be in the interest of the respondents board and therefore, in the event of the court allowing the payment of the balance amount in installment, they should be permitted to pay in a lesser installments. 7. In a similar claim of this nature in W.P.No.13711 of 2011, the assessee was granted liberty to pay the amount in six equal monthly installments after payment of certain amount as lumpsum deposit. 8. In the present case, it is stated that the petitioner has paid a sum of Rs.6,12,969/- to avoid disconnection. In the present writ petition, petitioner prays to pay the balance amount of Rs.12,11,663/- in ten equal monthly installments. 9. Considering all these factors, this Court is inclined to grant the petitioner the relief of paying the balance amount of Rs.12,11,663/- as demanded by the respondents in six equal monthly installments. The first installment will commence from 24.6.2011. The balance installments should be deposited during the second Friday https://hcservices.ecourts.gov.in/hcservices/ of every month. Petitioner, however, is liable to pay the monthly current consumption charges regularly without fail. The respondents board is entitled to proceed as per law if there is a default in payment of installment in any particular month without further reference to this Court. 10. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar ts To 1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Chennai South Electricity Distribution Circle, Tamil Nadu Electricity Board, No.110, KVSS Complex, K.K.Nagar, Chennai-600 007. 1 cc to Mr.G.Vasudevan , Advocate, Sr.No.35814 1 cc to Mr.M.R.Sivakumar, Advocate, Sr.No.35608 W.P.No.14327 of 2011 BKY(CO) PMK.22.6.2011 https://hcservices.ecourts.gov.in/hcservices/