1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.5749 of 2011 M/s.Sree Kaderi Ambal Mills Ltd., H.T.Sc.No. 75, B-Unit Perattu Kottai Village Shanmuganathapuram Karaikudi, Pin 630 314 Represented by its Managing Director S.V.Pethaperumal : Petitioner Vs 1. The Chairman Tamil Nadu Electricity Board 144, Anna Salai Chennai - 600 002 2. The Superintending Engineer Sivaganga Electricity Distribution Circle Tanged Co Ltd., Sivaganga : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to permit the petitioner to pay the Additional Current Consumption Deposit of Rs.29,14,213/- alone in 10 monthly instalments along with the regular current consumption charges for its H.T. Service Connection No. 75, M/s.Sree Kaderi Ambal Mills Ltd., B-Unit at Perattu Kottai Village, Sivagangai District. For petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.M.Suresh Kumar O R D E R This Writ Petition has been filed seeking for a Mandamus directing the respondents to permit the petitioner to pay the Additional Current Consumption Deposit of Rs.29,14,213/- alone in 10 monthly installments along with the regular current consumption charges for its H.T. Service Connection No. 75, M/s.Sree Kaderi Ambal Mills Ltd., B-Unit at Perattu Kottai Village, Sivagangai District. 2. The case of the petitioner is that he is having a Mill for manufacturing cotton yarn with two High Tension service with a maximum https://hcservices.ecourts.gov.in/hcservices/ 2 demand of 1725 K.V.A. He has paid security deposit at Rs.800/- per K.V.A., and the second respondent, by his letter dated 26.04.2011, has raised the demand for the payment of Additional Current Consumption Deposit of Rs.29,14,213/- being the two times of the maximum consumption charges in 12 months prior to April 2010 to March 2011. Besides the available Current Consumption deposit of Rs.47,92,617/- in one lump sum on or before 30.05.2011. The petitioner's Industry has already facing acute power crisis and due to that, he has sought for installments and he was also permitted to pay the amount in three installments. According to the petitioner, he has already paid one installment out of three installment and the balance two installments are yet to be paid. Hence, the present Writ Petition has been filed with the above said prayer. 3. During the course of argument, the learned counsel appearing for the petitioner would only confine his relief seeking to extend the instalments from 3 to 8. 4. Since the prayer is now restricted to seek for enhancement of the number of instalments, the learned counsel appearing for the respondents even though has filed a detailed counter agreed that in similar circumstances this Court has already passed orders granting installments and they have agreed for such instalments. 5. Heard both parties. By consent of both sides, this Writ Petition is taken up for final hearing. 6. The only prayer now sought for by the petitioner is seeking for enhanced number of instalments in paying the Additional Current Consumption charges. Earlier the petitioner was given three installments by the Department and he has already complied with one instalment only and for the balance two installments, he now seeks 8 installments. In similar circumstances, this Court has passed an order in W.P.(MD).No. 12407 of 2011, on 19.05.2011 and the relevant paragraphs in the said order would read as follows:- "The learned counsel representing the petitioner produced the copies of the orders passed by this Court on similar issues, where this Court with due consideration of the difficulties faced by the petitioner-Company, directed the petitioner- company to pay the Additional Current Consumption Deposit in 10 equal installments. Considering the submissions made on either side and taking into consideration the interest of the respondents/Department, I am of the considered view that directing to pay the amount of Additional Current Consumption Deposit as demanded by the Department in eight equal monthly installments commencing from 10th June, 2011 would be reasonable. It is made clear that these monthly payments shall be made along with regular current consumption charges without fail." 7. In view of the above, following those orders the petitioner is directed to pay the amount of Additional Current Consumption Deposit as https://hcservices.ecourts.gov.in/hcservices/ 3 demanded by the Department in eight equal monthly installments commencing from 10th July 2011 and every installments should be paid on or before 10th of every succeeding English calendar month and failure to pay any one of the instalments, will automatically entitle the department to take action. 8. With the above said direction, the Writ Petition is disposed of. No costs. Sd/- Deputy Registrar(Accounts) /True copy/ Assistant Registrar To 1. The Chairman Tamil Nadu Electricity Board 144, Anna Salai Chennai - 600 002 2. The Superintending Engineer Sivaganga Electricity Distribution Circle Tanged Co Ltd., Sivaganga +1 CC to Mr.R.S.Pandiyaraj, Advocate, SR.No.19115 vsg W.P.(MD).No.5749 of 2011 20.06.2011 TR ; 22.06.2011 : 3p/4c : IT https://hcservices.ecourts.gov.in/hcservices/