IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 13.6.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.13711 of 2011 and M.P.Nos.1,2 and 3 of 2011 Jesus Calls Represented by Mr.George Thomas Director – Corporate Affairs No.72, Rajaji Salai Chennai 1. ... Petitioner -Vs.- 1.The Chairman & Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th Floor, NPKRR Maaligai 144,Anna Salai Chennai-600 002. 2. The Chairman Tamil Nadu Electricity Regulatory Commission No.19-A Rukmani Lakshmi Salai Marshall Road Egmore Chennai 8. 3.The Superintending Engineer, CEDC/Central Tamil Nadu Electricity Board, Chennai 34. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the third respondent in Letter No. SE/CEDC/C/DFC/C/AAO/HT/HTSC.No.2045/D.No.211/11 dated 3.6.2011 quash the same and direct the third respondent to receive the penalty charges in installments. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.A.M.Packianathan Easter For respondents : Mr.G.Vasudevan. ----- O R D E R The above writ petition is filed for issuance of a writ of certiorarified mandamus to call for the records of the third respondent in Letter No. SE/CEDC/C/DFC/C/AAO/HT/HTSC.No.2045/D.No.211/11 dated 3.6.2011 quash the same and direct the third respondent to receive the penalty charges in installments. 2. The petitioner challenges the demand made by the third respondent relating to violation of evening peak hour quota. By the impugned order, the petitioner was directed to pay the amount within seven days from the date of issuance of letter. In the impugned order itself there is a reference to the payment of similar claims in eight monthly installments which is an order passed by the Appellate Tribunal for Electricity,(APTEL), New Delhi . In the light of the above, the learned counsel appearing for the petitioner pleads that they should be given liberty to pay the amount demanded in the impugned letter as has been done in the cases pending before the Appellate Tribunal. In this regard the petitioner has given a representation on 8.6.2011 and that has not been considered in proper perspective. When interim order was granted by the appellate tribunal and the matter is pending before the Supreme Court, there is no reason for the respondents to modify or alter the condition except to direct the petitioner to deposit the amount in installments. In such view of the matter and taking into consideration of the submission of the learned counsel for the respondents that the Department is starved of funds to purchase power the following order is passed. 3. The petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three lakhs only) forthwith. On such deposit, the electricity power supply shall be restored. The balance amount shall be paid in six monthly installments on or before second Friday of every month. The 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 in installment in any particular month without further reference to this Court. https://hcservices.ecourts.gov.in/hcservices/ 4. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar krr To 1.The Chairman and Managing Director Tamil Nadu Generation and Distribution Corporation Limited 10th Floor, NPKRR Maaligai 144,Anna Salai Chennai-600 002. 2. The Chairman Tamil Nadu Electricity Regulatory Commission No.19-A Rukmani Lakshmi Salai Marshall Road Egmore,Chennai 8. 3.The Superintending Engineer, CEDC/Central Tamil Nadu Electricity Board, Chennai 34. +1 CC to Mr.A.M.Packianathan Easter, Advocate, S.R.No.33576 Order in W.P.No.13711 of 2011 and M.P.No.1 of 2011 JRG(CO) SRA(14/6/2011) https://hcservices.ecourts.gov.in/hcservices/