IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 14.6.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.13696 of 2011 and M.P.No.1 of 2011 T.R.K.Textile (India) Private Ltd., HT SC No.286, Door No.3/150, Sukkittipalayam Road, Olapalayam (post), Kangeyam, Erode, represented by its Manager V.Balasubramaniam ... Petitioner -Vs.- 1.The Tamil Nadu Electricity Board, represented by its Chairman, 800, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Erode Electricity Distribution Circle, Tamil Nadu Electricity Board, Erode. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to permit the petitioner to pay the Additional Security Deposit of Rs.6,14,482/- alone in 12 equal monthly installments along with the regular current consumption charges. For petitioner : Mr.R.S.Pandiyaraj For respondents : Mr.G.Vasudevan. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the second respondent to permit the petitioner to pay the Additional Security Deposit of Rs.6,14,482/- alone in 12 equal monthly installments along with the regular current consumption charges. https://hcservices.ecourts.gov.in/hcservices/ 2. Mr.G.Vasudevan, learned counsel takes notice on behalf of the respondents electricity board. By consent of both parties, the writ petition is taken up for final disposal. 3. Petitioner holds an HT Service Connection in Service No.286. Based on the current consumption, a sum of Rs.36,47,338/- has been deposited as current consumption deposit. Thereafter, on 10.6.2011, an additional current consumption deposit has been demanded in terms of Section 5(5)(ii)(a) of the Tamil Nadu Electricity Supply Code, based on the current consumption during 12 months period relevant to the case. 4. The grievance of the petitioner is that the petitioner HT Industry is facing great crisis due to power cut and they are also suffering from financial liquidity. The additional current consumption deposit demanded as lumpsum payment will cause great hardship and prejudice to the industry and inasmuch as the unit will come to a standstill for want of financial liquidity. 5. Learned counsel for the petitioner submitted copies of interim order dated 1.6.2011 passed by this Court in M.P.No.1 of 2011 in W.P.No.12970 of 2011 rendered by V.Ramasubramaniam,J., and the final order dated 19.5.2011 passed in W.P.No.12407 of 2011 rendered by S.Rajeswaran,J., permitting the payment of additional current consumption deposit in installments. 6. Sri G.Vasudevan, learned counsel appearing for the respondents electricity board on the other hand contended that 10 installments granted by the Court will not be in the interest of the respondents board and therefore, in the event of the Court allowing the payment of the additional current consumption deposit in installment, they should be permitted to pay in a lesser installments. 7. The extreme power cut that is faced by the petitioner HT Industry and other consumers of the State requires appropriate remedy in the event of the difficulty faced by them. The State is going to a crisis due to huge power cut and this situation is faced by all sorts of consumers including HT Consumers. The extreme conditions requires extraordinary remedy. This Court finds that in order to balance the financial difficulty faced by the petitioner industry as well as the need of the respondents board to secure further deposit to augment its revenue for purchasing power so that the equity of both sides will be addressed, sum amount of deposit should be made by the consumers as per the above stated provision so as to enable the department to ensure the power supply even as per the power management scheme. https://hcservices.ecourts.gov.in/hcservices/ 8. Considering all these factors, this Court is inclined to grant the petitioner the relief of paying the additional current consumption deposit as demanded by the respondents in seven equal monthly installments. The first installment will commence from 17.6.2011. The balance installments should be deposited during the second Friday 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. 9. 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, 800, Anna Salai, Chennai-600 002. 2.The Superintending Engineer, Erode Electricity Distribution Circle, Tamil Nadu Electricity Board, Erode. + 1 cc to Mr.R.S. Pandiyaraj, Sr.33859 W.P.No.13696 of 2011 NG(CO) Eu 15.6.11 https://hcservices.ecourts.gov.in/hcservices/