1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WRIT APPEAL (MD) No.615 of 2011 and WRIT PETITION (MD)No.5799 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 M/s.Gainup Industries P Ltd., rep. by its General Manager, R.Sivanandan, Mill Quarters, Sitheravu Village, Ottupatty (P.O.), Dindigul. .. Appellant / Writ Petitioner vs. 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Dindigul Electricity Distribution Circle (DEDC), Meenakshinaickenpatti, Dindigul.2 .. Respondents in both in W.A and W.P. Writ Appeal is filed under Clause 15 of the Letters Patent against the order of this Court dated 01.06.2011 made in M.P. (MD)No.1 of 2011 in W.P.(MD)No.5799 of 2011. Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 19.5.2011, consequently, direct the respondents to give 12 equal installments to pay the Additional Current Consumption Deposit of Rs.33,58,072/-. For appellant/ writ petitioner : Mr.R.Nithyanandam For respondents in both in W.A and W.P.: Mr.M.Suresh Kumar https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON JUDGMENT (Judgment of the Court was delivered by P.P.S.JANARTHANA RAJA) By consent of both parties, the Writ Appeal as well as the Writ Petition are taken up for final hearing. 2. The Writ Appeal has been filed against the order dated 01.06.2011 passed in M.P.(MD)No.1 of 2011 in W.P.(MD)No.5799 of 2011, in which the following order was passed by the learned single Judge. "There shall be an order of Interim Injunction on condition that the petitioner has to pay 50% of the amount demanded in the order dated 28.4.2011 within a period of four weeks from the date of receipt of a copy of this order and in the event of failure on the part of the petitioner, the order of Interim Injunction shall stand vacated automatically." 3. It is submitted by the learned counsel appearing for the appellant/writ petitioner that 50% of the amount was paid as directed by the learned single Judge but the same was paid belatedly. Further, he submitted that he may be permitted to pay the balance 50% of the amount in six equal instalments. Therefore, he requested the Court to consider the same. 4. Learned counsel appearing for the respondents submitted that the appellant has not paid the amount as directed by the learned single Judge. The stay granted was automatically vacated and the Writ Appeal is not maintainable. 5. Heard the learned counsel on either side and perused the documents on record. 6. There is no dispute that the amount was paid now and the learned counsel for the respondents also acknowledged the same. Considering the over all view and also looking into the facts and circumstances of the case, especially, that the appellant is willing to pay the balance amount in six equal instalments, the appellant/writ petitioner is permitted to pay the balance amount in six equal instalments in the following manner:- The first instalment is to be paid on or before 16th August, 2011. The second instalment is to be paid on or before 16th September, 2011. The third instalment is to be paid on or before 16th October, 2011 The fourth instalment is to be paid on or before 16th November, 2011 The fifth instalment is to be paid on or before 16th December, 2011. The last and sixth instalment is to be paid on or before 16th January, 2012. https://hcservices.ecourts.gov.in/hcservices/ 3 It is made clear that if there is any default in making payment as directed above, liberty is given to the respondents to initiate proceedings against the appellant/writ petitioner without reference to this order. 7. With the above observation, both the Writ Appeal and the Writ Petition are disposed of. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002. 2.The Superintending Engineer, Dindigul Electricity Distribution Circle (DEDC), Meenakshinaickenpatti, Dindigul.2 +One cC to Mr.M.Karunanithi, Advocate, SR.No.23060 asvm rl/4c – 2.8.2011 W.A.(MD) No.615 of 2011 and W.P.(MD)No.5799 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 14.7.2011 https://hcservices.ecourts.gov.in/hcservices/