1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2222 of 2011 and M.P.(MD).No.1 of 2011 M/s.Nisha Kishan Spinning Mills (P) Ltd, rep.by its Office Manager, Theni District. ... Petitioner Vs 1)The Superintending Engineer, Theni Electricity Distribution Circle, Theni. 2)The Assistant Executive Engineer, West Andipatti, Theni District. ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned demand notice issued by the first respondent in his proceedings Lr.No.SE/TEDC/TNI/DFC/AS/HT/A1/F.Peak Hr.Penalty) No.701/11 dated 15.02.2011 and quash the same in so far as the direction for payment of peak hour penalty in lump sum and consequently to direct the respondents to permit the petitioner to pay the said amount in eight equal monthly installments. For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.M.Sureshkumar ORDER Originally, the petitioner was issued a show cause notice dated 14.10.2010 calling upon him to pay in respect of consumption of electricity charges during evening peak hours. He was granted eight installments to pay the amount. Earlier, the matter of this nature were placed before the National Electricity Appellate Tribunal which passed orders as against the Department. As against the same, the department preferred a Special Leave Petition before the Supreme Court and the matter is pending. In the said SLP, stay has been granted in favour of the department. Pursuant to the stay granted in the SLP, the department passed final orders on 15.02.2011 calling upon the petitioner to pay the peak hour penalty charges Challenging the said notice, the petitioner has come forward with the present Writ Petition. 2. Learned Standing Counsel for the Electricity Board would contend that as the matter is seized of by the Supreme Court and the Supreme Court itself has granted stay with a specific condition that a sum of Rupees Fifty Crores would be deposited by the Electricity Board in the Court and in fact, the department has also complied with the order of stay, they are at liberty to recover the peak hour charges. If at all, they can only be given concessional term of payments, as given to the petitioner, by way of installments. https://hcservices.ecourts.gov.in/hcservices/ 2 2.1. In the case on hand, even as per the show cause notice, th petitioner was given eight monthly installments commencing from 21.10.201 and upto 21.05.2011. In this connection, the learned counsel for the Electricity Board states that the petitioner himself, on his own, has pai three installments and subsequent to the filing of the Writ Petition, at the time of granting stay, he has also paid one more installment, as per th direction of this Court. In toto, he has paid four installments and remaining four installments alone has to be paid by the petitioner. 4. In as much as the entire matter is pending before the Supreme Court and the Supreme Court has seized of the matter and stay has also been granted in favour of department, the department is at liberty to claim the amount in question, like the petitioners. At this juncture, the learned counsel for the petitioner would contend that due to financial crisis, the petitioner could not make the remaining four installments, as per the impugned order. However, now they are ready to make the remaining four installments, if it is rescheduled by granting some more time to the petitioner to pay the amount by way of installments. 5. In view of the above, the balance four installments shall be paid by the petitioner commencing from 21.04.2011, 21.05.2011, 21.06.2011 and 21.07.2011. It is made clear that if any one of the installments is not paid, the department is at liberty to proceed further in accordance with law. The learned counsel for the petitioner also undertakes to deposit the amount as per the above schedule. 6. In the result, observing that there is no infirmity in the impugned order and the same is valid in law, only time is granted/extended to the petitioner to enable him to make the remaining four installments as stated above commencing from 21.04.2011 commencing from 21.04.2011. 7. With the above observations, the Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1)The Superintending Engineer, Theni Electricity Distribution Circle, Theni. 2)The Assistant Executive Engineer, West Andipatti, Theni District. +1cc to Mr.M.Ajmal Khan, Advocate SR.No.7577 W.P.(MD).No.2222 of 2011 ssm PA/09.04.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/