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2011 DIGILAW 2848 (MAD)

Sholingur Textile Ltd. , represented by its Manager M. Subburaj v. Tamil Nadu Electricity Board, represented by its Chairman

2011-06-17

R.SUDHAKAR

body2011
JUDGMENT :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the second respondent to permit the petitioner to pay the balance Additional Security Deposit of Rs.27,47,000/- alone in 12 equal monthly installments along with the regular current consumption charges. 2. Mr.P.Srinivas, learned counsel takes notice on behalf of the respondents electricity board. By consent of both parties, the writ petition is taken up for final disposal. 3. Petitioner holds an HT Service Connection in Service No.1012. Based on the current consumption, a sum of Rs.1,29,87,800/- has been deposited as current consumption deposit. Thereafter, on 20.4.2011, an additional current consumption deposit in a sum of Rs.41,20,700/- has been demanded in terms of Section 5(5)(ii)(a) of the Tamil Nadu Electricity Supply Code, based on the current consumption during 12 months period relevant to the case. Petitioner made a representation to pay the above amount by installments. The respondent department by proceedings dated 10.5.2011 directed the petitioner to pay the said amount in three equal monthly installments. The present writ petition has been filed seeking further time pleading financial hardship and inability to pay the balance additional current consumption deposit. 4. Learned counsel for the petitioner submitted copies of interim order dated 1.6.2011 passed by this Court in M.P.No.1 of 2011 in W.P.No.12970 of 2011 rendered by V.Ramasubramaniam,J., and the final order dated 19.5.2011 passed in W.P.No.12407 of 2011 rendered by S.Rajeswaran,J., permitting the payment of additional current consumption deposit in installments. 5. In similar cases and one in W.P.No.13353 of 2011, this Court permitted the consumer to pay the additional current consumption deposit in seven equal installments. 6. The extreme power cut that is faced by the petitioner HT Industry and other consumers of the State requires appropriate remedy in the event of the difficulty faced by them. The State is going to a crisis due to huge power cut and this situation is faced by all sorts of consumers including HT Consumers. The extreme conditions requires extraordinary remedy. The State is going to a crisis due to huge power cut and this situation is faced by all sorts of consumers including HT Consumers. The extreme conditions requires extraordinary remedy. This Court finds that in order to balance the financial difficulty faced by the petitioner industry as well as the need of the respondents board to secure further deposit to augment its revenue for purchasing power so that the equity of both sides will be addressed, sum amount of deposit should be made by the consumers as per the above stated provision so as to enable the department to ensure the power supply even as per the power management scheme. 7. In the present case, it is stated that the first installment in a sum of Rs.13,73,700/-has been paid in the month of May, 2011 to avoid disconnection. In the present writ petition, petitioner prays to pay the balance additional current consumption deposit of Rs.27,47,000/- in twelve equal monthly installments. 8. Sri P.Srinivas, learned counsel appearing for the respondents electricity board on the other hand contended that 12 installments will not be in the interest of the respondents board and therefore, in the event of the Court allowing the payment of the additional current consumption deposit in installment, they should be permitted to pay in a lesser installments. 9. Considering all these factors, this Court is inclined to grant the petitioner the relief of paying the balance Additional Current Consumption Deposit/Additional Security Deposit of Rs.27,47,000/- as demanded by the respondents in six equal monthly installments. The first installment will commence from 24.6.2011. The balance installments should be deposited during the second Friday of every month. 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 of installment in any particular month without further reference to this Court. 10. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.