IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 05.02.2010 CORAM THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P. NO.1773 OF 2010 Akshaya Textiles Limited, HT SC No.89, P.B.No.2008, Ganapathy Post, Coimbatore – 641 006 rep. by its Manager D.Veerendrappa. .. Petitioner Versus 1.The Tamil Nadu Electricity Board rep. by its Chairman, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Coimbatore Elec. Distribution Circle-Metro, Tamil Nadu Electricity Board, Coimbatore – 641 012. .. Respondents PRAYER: Writ petition has been filed under Article 226 of The Constitution of India to issue a Writ of Mandamus directing the second respondent to permit the petitioner to pay the arrears of Rs.51,50,217/- vide his letter No.SE/CEDC/M/DFC/AO/R/HT/AS/A2/HTSC89/10 dated 13.01.2010 in 24 equal monthly installments along with the current consumption charges every month and restore supply on payment of the first installment. For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.A.Selvendran, (for R1) Mr.J.Ravindran, (for R2) O R D E R At this stage of the hearing of the petitioner, the learned counsel appearing on behalf of the petitioner had submitted that the petitioner's Mill is a sick industry declared as such by the Board for Industrial and Financial Reconstruction (B.I.F.R.) and it is under a rehabilitation scheme. He had also submitted that there are nearly 500 employees, who are engaged in the petitioner's spinning https://hcservices.ecourts.gov.in/hcservices/ mill. If the Electricity supply is not restored by the respondent Tamil Nadu Electricity Board, the petitioner mill cannot be rehabilitated, as per the direction issued by the Board for Industrial and Financial Reconstruction (B.I.F.R.). The employees of the petitioner mill and their families would also suffer. 2. The learned counsel appearing for the petitioner had submitted that the entire amount of Rs.51,50,217/-, due to the respondent Tamil Nadu Electricity Board, including the electricity tax, which is subjudice before the first Bench of this Court, would be paid by the petitioner in equated monthly installments. 3. It is also submitted that the petitioner would pay a sum of Rs.5 lakhs, within a week from today and the balance amount of Rs.46,50,217/- would be paid in equated monthly installments, within twenty months, along with the regular monthly consumption charges. 4. In view of the submissions made by the learned counsel appearing on behalf of the petitioner and in view of the earlier orders passed by this Court in similar circumstances, including an order, dated 21.11.2006, made in W.P.No.44959 of 2006 and in view of the direction issued by the Board for Industrial and Financial Reconstruction (B.I.F.R.) for the rehabilitation of the petitioner, the second respondent is directed to restore the power supply to the petitioner mill, on the petitioner paying the sum of Rs.5 lakhs, as the initial amount. The balance amount of Rs.46,50,217/- shall be paid by the petitioner mill on twenty equated monthly installments, along with the current consumption charges, as levied by the respondent Tamil Nadu Electricity Board. 5. However, it is made clear that if the petitioner mill fails to pay any one of the installments, it would be open to the respondent Tamil Nadu Electricity Board to disconnect the electricity supply to the petitioner mill, as per law. The equated monthly installments shall be paid by the petitioner mill, on or before the 5th of every month. The first of such installments shall commence, on or before the 5th of March, 2010. The initial amount Rs.5 lakhs shall be paid by the petitioner mill to the second respondent, within seven days from the date of receipt of a copy of this order. The writ petition is disposed of with the above directions. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vs https://hcservices.ecourts.gov.in/hcservices/ To 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Coimbatore Elec. Distribution Circle-Metro, Tamil Nadu Electricity Board, Coimbatore – 641 012. 1 cc To Mr.R.S.Pandiyaraj, Advocate, SR.7304 W.P. NO.1773 OF 2010 ksk(co) pmk.9.2.2010 https://hcservices.ecourts.gov.in/hcservices/