1 W.P.(MD)NO.2580 OF 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

W.P.(MD)No.2580 of 2021 and

W.M.P.(MD)No.2124 of 2021

M/s.Sri Sastha Spinning Mills P. Ltd.,

Rep. by its Authorised signatory K.Danushkodi,

HTSC No.059094500249,

Papampatty, Palani Taluk,

Dindigul District – 624 621.

... Petitioner

Vs.

1. The Chairman,

TANGEDCO,

144, Anna Salai, Chennai – 600 002.

2. The Superintending Engineer,

Dindigul Elec. Distribution Circle,

Tamil Nadu Generation and Distribution

Corporation Limited(TANGEDCO),

Dindigul.

... Respondents

Prayer: Writ petition is filed under Article 226 of the

Constitution of India, to issue a Writ of Mandamus, directing the

second respondent to permit the petitioner to pay the arrears of

Rs.64,35,463/- as per Regulation 22(4) and 6(ii) of the Tamil Nadu

Electricity Supply Code, 2004 along with restoration charges and

other charges and restore supply on payment of the first

installment.

For Petitioner

: Mr.N.Sudalaimuthu

For Respondents

: Mrs.M.Parameswari,

for Mr.S.M.S.Johny Basha,

Standing Counsel.

O R D E R

Heard the learned counsel appearing for the petitioner and

the learned Standing counsel appearing for the respondents.

2. With the consent of the learned counsel on either side,

the writ petition is taken up for disposal at the admission stage

itself.

3. The petitioner is a consumer of electricity. The

petitioner failed to pay the current consumption charges from

February 2020 to October 2020. As a result, the arrear charges

payable by the petitioner mounted to Rs.64,35,463/-. Since the

petitioner did not clear the said liability, the petitioner's

service connection was disconnected.

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2 W.P.(MD)NO.2580 OF 2021

4. Now the petitioner wants re-connection. The petitioner

calls upon this Court to invoke the beneficial provisions of

Regulation 22 of the Tamil Nadu Electricity Supply Code and permit

him to clear the monthly installments.

5. Even before the commencement of the argument, the

petitioner's counsel states that after the re-connection is

effected, the petitioner would promptly pay the current consumption

charges as per the demand that may be raised by the respondents.

This undertaking is recorded.

6. If the petitioner fails to adhere to this undertaking, it

will be open to the respondents herein to once again disconnect the

petitioner's service connection.

7. Regulation 22 of the Tamil Nadu Electricity Supply Code

reads as follows:-

“22. Restoration of supply of electricity (1)

The Licensee shall restore the supply to the service

immediately and in any case not exceeding twelve hours 1

[in the case of urban areas and twenty four hours in the

case of rural areas] on recovery of electricity charges

or such other sums together with any expenses incurred

by the Licensees in cutting off and re-connecting the

supply.

(2) In the case of a service connection remaining

disconnected for six months or more the consumer’s

installation will be tested, revised test report

obtained and the testing charges collected from the

consumer before the same is restored. [Such revised test

report shall be signed by the consumer or legal owner or

legal occupant of the premises].

(3) To restore supply to a High Tension service

connection which remains disconnected for one year or

more, approval of the competent authority with regard to

safety and security of the installation shall be

obtained.

(4) In the case of service connections, which

have been disconnected, the Licensee shall have the

power to allow installment payments of all arrears in

deserving cases.

(5) The Licensee shall restore the disconnected

service before issue of termination of Agree