M/S.Sree Vishnu Annamalaiyar vs. The Chairman
Held
The Court granted the petitioner's request for an extension of time to pay the electricity charges. The petitioner was directed to pay 50% of the outstanding amount of Rs. 26,24,964/- within fifteen days from the date of the order. The remaining 50% was to be paid on or before August 21, 2017, as sought by the petitioner. The Court also directed that if the petitioner defaulted on these installment payments, TANGEDCO would be at liberty to proceed against them in accordance with the law. The writ petition was disposed of with these directions. The Court did not expressly leave any issue undecided.
Facts
M/s.Sree Vishnu Annamalaiyar Paper Mills Ltd. (the petitioner) filed a writ petition seeking a Mandamus to direct TANGEDCO (the respondents) to grant them time until August 21, 2017, to pay electricity consumption charges of Rs. 26,24,964/- for June 2017. The petitioner stated that due to the impact of GST, they were unable to pay the bill by the original due date of July 21, 2017. They requested two installments for payment and assured that future bills would be paid on time. The petitioner approached the High Court as they had no other effective remedy.
Key Issues
1. Whether the petitioner is entitled to an extension of time for payment of electricity charges and a direction not to disconnect the electricity supply until August 21, 2017, considering the impact of GST and their request for installment payments? (Question of law and fact) The petitioner argued that the introduction of GST had created financial difficulties, preventing them from meeting the original payment deadline for their June 2017 electricity bill. They sought a reasonable extension and the facility of installment payments to manage their financial obligations. The petitioner also stated that they had no alternative effective remedy other than approaching the High Court under Article 226 of the Constitution. The respondents, TANGEDCO, did not record any specific arguments in the judgment regarding the petitioner's request for an extension or the impact of GST. Their role was to respond to the petitioner's plea for payment extension and non-disconnection.
AI-generated summary — verify with the full judgment below
1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2017 CORAM : THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.13207 of 2017 and WMP(MD)No.10274 of 2017 M/s.Sree Vishnu Annamalaiyar Paper Mills Ltd., Rep. by its Managing Director, K.RA.G.Saravanan, 9/4/52, Valmeegi Street, Sriram Nagar, Kottaiyur, Karaikudi Taluk, Sivagangai District.
... Petitioner vs. 1)The Chairman, TANGEDCO, 144, Annasalai, Chennai. 2)The Superintending Engineer, TANGEDCO, Sivagangai Electricity Distribution Circle, Sivagangai District. 3)The Assistant Executive Engineer/Distn/O & M, TANGEDCO, Sivagangai Electricity Distribution Circle, Sivagangai District. ... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to grant time till 21.08.2017 for the payment of Rs.26,24,964/- towards the electricity consumption charges for the month of June 2017, by M/s.Sree Vishnu Annamalaiyar Paper Mills Ltd., at Vediyangudi Village, Puduvayal (Via), Karaikudi Taluk, Sivagangai District and further not to disconnect the same till 21.08.2017 based on the petitioner's representation dated 08.07.2017. For Petitioner : Mr.M.Lingadurai For
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