VICTORY SPINNING MILLS PVT LTD. & ORS. Vs. CHAIRMAN, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED & ORS.

JUDGEMENT

(1.) The Writ Petitions have been filed seeking to issue a Writ of mandamus directing the 2nd respondent to permit the petitioners to pay the additional security deposit of Rs. 31,99,969/-, Rs. 28,71,141/- and Rs. 1,07,59,716/- alone in 6 equal monthly installments along with the regular current consumption charges.

(2.) The learned counsel appearing for the petitioners submitted that the petitioners' Company are registered under the Companies Act, 1956 having its Industry at Uppupalayam Village (Veppadi), Modamangalam Post, Tiruchengode - 637 304; Chikkanampatty, Omalur Taluk, Salem District; Andipatty Road, Kolumam, Madathukulam Taluk - 642 204 respectively. They are having HT Service Connection bearing Nos.229, 299 and 210, which is coming under the jurisdiction of the 2nd respondent herein. The petitioners' Company are manufacturing yarn products and giving employment opportunities to several hundreds of rural people. This apart, the petitioners are also keeping a Security Deposit (CCD) of Rs. 59,20,981/-, Rs. 13,93,429/- and Rs. 93,42,024/-. 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, Tamil Nadu Generation And Distribution Corporation Limited, Mettur Electricity Distribution Circle, Mettur Dam (W.P.Nos.10994 and 10995/2018) Udumalpet Electricity Distribution Circle, Udumalpet (W.P.No.10996/2018)/the 2nd respondent herein, vide letter dated 18.04.2018, 12.04.2018, Nil.04.2018 sought the petitioners to pay additional security deposit of Rs. 31,99,969/-, Rs. 28,71,141/- and Rs. 1,07,59,716/- over and above the existing deposit of Rs. 59,20,981/-, Rs. 13,93,429/- and Rs. 93,42,024/- in one lump sum failing which the petitioners were informed that the service connection would be disconnected. Hence, the present Writ Petitions.

(3.) The learned counsel for the petitioners 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 of 2012 etc., batch, taking note of the fact that the appellants therein have made 3 installments as per the order passed by the learned Single Judge, granted three more installments and altogether 6 installments were granted to pay the additional security deposit. Therefore, the petitioners herein may also be granted 6 installments to pay the additional security deposit of Rs. 31,99,969/-, Rs. 28,71,141/- and Rs. 1,07,59,716/-. The learned counsel for the petitioners 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 of 2016 dated 04.05.2016, W.P.No.11500 of 2017 dated 05.05.2017, W.P.No.13283 of 2017 dated 24.05.2017 and W.P.No.8308 of 2015 dated 20.05.2015 respectively.