M/S. VISHNUVARDHAN PAPER MILLS (P) LTD., PALANI ROAD, SWAMINATHAPURAM, MADATHUKULAM-642 113, DINDIGUL, REPRESENTED BY ITS MANAGER R.S. SAMPATHNEHRU Vs. TAMIL NADU ELECTRICITY BOARD REPRESENTED BY ITS CHAIRMAN, 800, ANNA SALAI, CHENNAI-600002,

JUDGEMENT

(1.) THE petitioner has come up with the above writ petition, challenging an order passed by the Superintending Engineer of the Tamil Nadu Electricity Board (third respondent) calling upon the petitioner to arrange to pay the dues of 3 sister concerns of the petitioner, which form the subject matter of the 3 writ petitions on the file of this Court, as a pre -condition for sanctioning an additional load to the petitioner. I have heard Mr. R.S. Pandiyaraj, learned counsel for the petitioner and Mr. S.M.S. Johnny Basha, learned Standing Counsel for the respondents.

(2.) EVEN at the time when the writ petition came up for admission, I directed the Standing Counsel for the respondent to take notice and make submissions, in view of the fact that there are no disputes on facts and that what falls for consideration is only a legal issue.

(3.) HOWEVER , the third respondent issued the impugned communication dated 29.10.2011 stating that three other Companies viz., (i) Rajalakshmi Papers (ii) Amaravathi Sri Venkatesa Paper Mills and (iii) V.G. Paper and Boards Pvt. Ltd, which are the sister concerns of the petitioner, are due to pay various amounts viz., (i) Rs. 8,69,453/ - (ii) Rs. 35,54,675/ - and (iii) Rs. 11,48,666/ -respectively and that these payments have become the subject matter of writ petitions in W.P.Nos. 11071, 11069 and 11070 of 2011 respectively. Therefore, the third respondent called upon the petitioner to make arrangements to pay the dues of those Companies, as a pre -condition for sanctioning the additional load sought by the petitioner. For making such a demand, the third respondent has relied upon Regulation 17(8) of the Tamil Nadu Electricity Supply Code read with Regulations 5(2)(iv) and 27(1) of the Tamil Nadu Electricity Distribution Code.