The High Court disposed of three writ appeals against an order withdrawing a demand for royalty charges, accepting that charges were paid and parties have settled the lis by executing formal agreements.
No further demand is to be paid as royalty charges were paid pursuant to the previous order and the lis is settled via agreements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR
W.A.Nos.751, 951 and 952 of 2006
Tamilnadu Newsprint and Papers Ltd. rep. by its Senior Office (Legal), V.K.Parameshvaran No.67, Mount Road Guindy, Chennai – 600 032. ... Appellant in WA.751/2006 Shri Hari Krishna Papers Pvt. Ltd. Nallur, Pushpathur Village Palani Taluk – 624 618 Dindigul District rep. by its Director, M.Amarnath ... Appellant in W.A.951/2006 G.V.G.Paper Mills (P) Ltd. Nallur, Pushpathur Village Palani Taluk – 624 618 Dindigul District rep. by its Managing Director, M.Amarnath ... Appellant in W.A.952/2006 Vs
The State of Tamil Nadu rep. by its Secretary to Government Public Works Department Fort St. George, Chennai – 600 009. ... Respondent in all the appeals
PRAYER: Appeals under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 28.2.2006 in W.P.Nos.12795 of 2002 and 26358 of 2001 (batch).
W.P.Nos.12795 of 2002 and 26358 of 2001 (batch) : Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari and Certiorarified Mandamus, calling for the records of the proceedings of the Respondent/1st Respondent relating to the impugned G.O.Ms.No.474 PWD dated 13.11.2001 and quash the same.
For Appellant in : Mr.Shivakumar W.A.No.751 of 2006
For Appellants in : Mr.Jayesh Dolia W.A.Nos.951 and 952 of for M/s.Aiyar and Dolia 2006
For Respondent : Mr.C.Manisankar Additional Advocate General assisted by Mr.M.K.Subramanian Government Pleader
JUDGMENT (Delivered by the Hon'ble Chief Justice)
The learned Additional Advocate General submits by reference to the statement produced before us that in the aforesaid matters, the royalty charges have been paid by the companies as per norms pursuant to the order dated 28.2.2006 in W.P.No.26358 of 2001 and connected matters and thus the principle of waiver of interest would apply and no further demand is to be paid.
Sub Assistant Registrar sasi
To:
The Secretary to Government State of Tamil Nadu Public Works Department Fort St. George, Chennai – 600 009.
+2cc's to M/s.Aiyar & Dolia, Advocate, S.R.No.575
W.A.Nos.751, 951 and 952 of 2006
RSK(CO) CA(19/01/2017)
Tamilnadu Newsprint and Papers Ltd. rep. by its Senior Office (Legal), V.K.Parameshvaran
Shri Hari Krishna Papers Pvt. Ltd. rep. by its Director, M.Amarnath
G.V.G.Paper Mills (P) Ltd. rep. by its Managing Director, M.Amarnath
The State of Tamil Nadu rep. by its Secretary to Government Public Works Department
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
