MOUNTAIN SPINNING MILLS LTD Vs. CHAIRMAN, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD & ORS

JUDGEMENT

(1.) The petitioner submits that the petitioner-Spinning Mills was started in the year 1992 and is engaged in producing high quality fine and super-fine count cotton yarn for sensitive consumers in domestic and in European countries and other regions and the consumers had always shown their appreciation towards its commitment to quality, price and consistency of supply. The petitioner further submits that the petitioner-company is a Public Limited Company and the same is incorporated under Indian Companies Act. The petitioner further submits that the company situated in Kootudankadu Village in Tuticorin District and nearly 200 employees are employed either directly or indirectly in the petitioner-company. The petitioner further submits that since the petitioner-company is involved in manufacturing and supplying of super fine count cotton yarn, the company requires uninterrupted power supply, then only the company can supply the manufactured cotton yarn in time to the consumers, which is very important in the modern day of business. If the materials are not supplied to the customers within time, then the manufacturer would bear heavy loss. The petitioner further submits that due to frequent power interruption and low voltage of power supply, the petitioner-company was not able to manufacture to its full potential and they were not able to supply manufactured products to their customers in time. The petitioner further submits that in the company board meeting, it was unanimously decided to erect separate Dedicated Feeder Line for the petitioner-spinning mills on its own cost. The petitioner further submits that as per decision taken by the Board of petitioner-company, the petitioner approached the first respondent-Electricity Board and requested them to provide a separate Dedicated Feeder Line to the petitioner-company along with one M/s.The Tuticorin Spinning Mills Limited, subject to the Rules and Regulations of TANGEDCO. The petitioner further submits that the petitioner-Company had also given undertaking that they will furnish all the necessary documents and necessary charges as required by the Rules and Regulations of TANGEDCO.

(2.) The petitioner further submits that the petitioner-Company gave a request dated 10.05.2013, with demand for separate Dedicated Feeder Line for them. The petitioner further submits that after receiving the request from the petitioner-company, the second respondent, by its proceedings in Lr.No./SE/TEDC/TTN/AEE/GL/JE2/F.Dkt/13, dated 15.07.2013, replied that the petitioner-company should pay Rs.500/- towards application registration fee and further petitioner-company should give a undertaking affidavit in Rs.100/- Non-Judicial Stamp Paper within three days of time along with the documents as requested in the said proceedings. The petitioner further submits that the petitioner-company had paid the said application charges and had also given an undertaking affidavit along with the necessary documents as requested by the second respondent. The petitioner further submits that after receiving all necessary documents, second respondent would submit that it will take few months for the process. Believing the same, the petitioner-company waited for it. The petitioner further submits that the second respondent, by its proceedings in Lr.No.2026/SE/TEDC/TTN/AEE/GL/JEI/F.DKT/13, dated 14.11.2013, replied that there will be a meeting held on 18.11.2013 at 3.30 p.m, regarding Dedicated Feeder Line requested by the petitioner-Company and M/s.Tuticorin Spinning Mills Ltd., are coming under two different sub-stations, to resolve the problem. The petitioner further submits that on the said date of meeting i.e., 18.11.2013, the person who was dealing with the above issue of power supply to the petitioner-company due to already committed engagements was unable to attend the said meeting. The petitioner further submits that the said information was informed to the second respondent-Department through telephone and requested them to inform about next meeting date well in advance. For the same, the second respondent-office would inform that the next date for meeting will be informed to them. The petitioner further submits that the next meeting date was not informed by the second respondent's office, but while so, to their shock and surprise, the second respondent, by proceedings in Lr.No.406/SE/TEDC/TTN/AEE.GL/JE2/F.DKT/14, dated 17.03.2014 rejected their request for separate Dedicated Feeder Line on the ground that the Separate Dedicated Feeder Line requested by the petitioner-company and M/s.The Tuticorin Spinning Mills Limited are having two different sub-stations, hence, the same is not feasible. The petitioner further submits that thereafter, the petitioner has given a request to the second respondent herein. The second respondent, vide proceedings in Lr.No.744/SE/TEDC/TTN/AEE/GL/JE2/F.DKT/14, dated 11.04.2014, replied that their request dated 12.07.2013 for providing separate 22KV Dedicated Feeder Line is recorded at the second respondent's office, however, a fresh representation may be given after three months for provision of Dedicated Feeder Line.

(3.) The petitioner further submits that as directed by the second respondent, the petitioner gave fresh representation for Separate Dedicated Feeder Line from 110/33-22, Vagaikulam Sub-Station to the petitioner-Spinning Mills along with the following calculation: