M/S. V. THANGAVEL AND SONS (P) LIMITED Vs. CHAIRMAN, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED AND OTHERS

JUDGEMENT

(1.) The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 2nd respondent to permit the petitioner to pay the Additional Security Deposit of Rs. 42,05,518/- alone in 6 equal monthly instalments along with the regular current consumption charges.

(2.) Learned Counsel appearing for the petitioner submitted that the petitioner is a company registered under the Companies Act, 1956 having its industry at No.4, Kapparamalaikadu, Komarapalayam Amani Village, Namakkal District. It is having a HT Service Connection bearing 288 which is coming under the jurisdiction of the 2nd respondent herein. The petitioner company is manufacturing yarn products and giving employment opportunities to several hundreds of rural people. This apart, the petitioner is also keeping a Security Deposit (CCD) of Rs. 44,02,332/-. While so as per the Regulation 5 (5) (ii) (a) of the Tamil Nadu Electricity Supply Code, 2004, the CCD should be two times of the average of the electricity charges for the preceding 12 months prior to April for the monthly billed consumer. In view thereof, the Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Mettur Dam/the 2nd respondent herein, vide his letter dated 12.4.2018 sought the petitioner to pay additional security deposit of Rs. 42,05,518/- over and above the existing deposit of Rs. 44,02,332/- in one lump sum failing which the petitioner was informed that his service connection would be disconnected. Hence, the present Writ Petition.

(3.) The learned Counsel for the petitioner further submitted that on an earlier occasion, when a similar issue was brought to the notice of a Division Bench of this Court in W.A.Nos.407/2012 etc. batch, taking note of the fact that the appellants therein have made 3 instalments as per the order passed by the learned Single Judge, granted three more instalments and altogether 6 instalments were granted to pay the additional security deposit. Therefore, the petitioner herein may also be granted 6 instalments to pay the additional security deposit of Rs. 42,05,518/-. The learned Counsel for the petitioner also placed on record various orders passed subsequent to the order of the Division Bench cited supra, viz. Orders passed by a learned Single Judge of this Court in W.P.No.9049/2016 dated 4.5.2016, W.P.No.11500/2017 dated 5.5.2017, W.P.No.13283/2017 dated 24.5.2017 and W.P.No.8308/2015 dated 20.5.2015 respectively.