The High Court dismissed the writ petition challenging the legality of 20% peak hour charges on electricity consumption. Relying on the Division Bench judgment in M/s. G.T.V.Spinners Ltd., the Court held the issue was no longer res integra and rejected the petition.
The writ petition was dismissed with no order as to costs.
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: 08.12.2017
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
W.P.No.26673 of 2003
W.P.M.P.32597 of 2003
M/s. Senthil Oxygen Pvt. Ltd., Represented by its Managing Director, Mr.M.Jagannathan, Thirukkanurpatti, Thanjavur District. ...Petitioner Vs. 1. The State of Tamil Nadu, Secretary to Government, Energy Department, Fort St. George, Chennai. 2. The Tamil Nadu Electricity Board, rep. By its Chariman, 800, Anna Salai, Chennai – 600 002. 3. The Superintending Engineer, Thanjavur Electricity Distribution Circle, Thanjavur. ...Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of declaration, declaring that the levy and demand of peak hour charges at 20% extra on the total consumption of electricity from the petitioner is illegal, unconstitutional and null and void and consequently directing the respondents to refund to the petitioner the total amount collected illegally from the petitioner till the date towards peak hour charges at 20%.
For Petitioner : Mrs.P.T.Rama Devi For Respondents : Mr.P.Gunaraj Standing Counsel TNEB
ORDER
The prayer sought for in this writ petition is for a Writ of declaration, declaring that the levy and demand of peak hour charges at 20% extra on the total consumption of electricity from the petitioner is illegal, unconstitutional and null and void and consequently directing the respondents to refund to the petitioner the total amount collected illegally from the petitioner till the date towards peak hour charges at 20%.
this writ petition is deserved to be rejected as the issue raised in the writ petition is also covered by the Division Bench judgement.
Sd/-
Deputy Registrar
//True Copy//
Sub Assistant Registrar
rts
To
1. The Secretary to Government,
State of Tamil Nadu,
Energy Department,
Fort St. George,
Chennai.
2. The Chariman,
Tamil Nadu Electricity Board,
800, Anna Salai,
Chennai – 600 002.
3. The Superintending Engineer,
Thanjavur Electricity Distribution Circle,
Thanjavur.
+1cc to Mr.P.T.RAMADEVI Advocate, S.R.No. 87599
W.P.No.26673 of 2003
W.P.M.P.32597 of 2003
TR(05/01/2018)
3 issues framed by the court
Whether the levy and demand of peak hour charges at 20% extra on total electricity consumption is legal and constitutional?
Whether the petitioner is entitled to a declaration and refund of peak hour charges collected since their imposition?
Whether the issue is res integra given the Division Bench judgment in M/s. G.T.V.Spinners Ltd.
Colour shows how this judgement treated each authority
BMR Beltings Limited Vs Chairman, Tamilnadu Electricity BoardFollowed¶14
BMR Beltings Limited Vs Chairman, Tamilnadu Electricity Board
M/s. G.T.V.Spinners Ltd., Vs. The Tamilnadu Electricity Board and anotherFollowed¶15
M/s. G.T.V.Spinners Ltd., Vs. The Tamilnadu Electricity Board and another
1 provisions across 1 enactments
M/s. Senthil Oxygen Pvt. Ltd.
The State of Tamil Nadu, Secretary to Government, Energy Department
The Tamil Nadu Electricity Board
The Superintending Engineer, Thanjavur Electricity Distribution Circle
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
