Annai Salt Works v. the Assistant Executive
Case brief
What is this about?
In a writ petition challenging a final assessment order for electricity theft and extra levy, the Madras High Court addressed the applicability of the repealed Electricity Act, 1910 versus the 2003 Act. The Division Bench's reliance on earlier batch cases established that the Board could proceed under old provisions where not inconsistent. Here, the single judge upheld the assessment order.
What did the court decide?
Directed the petitioner to pay the demanded amount after adjusting paid portions, without BPSC and penalty, within eight weeks of receiving the order.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.1144 of 2012
Annai Salt Works
Rep. by its Authorised Signatory, K.Gurumoorthy
...Petitioner Vs. The Assistant Executive Engineer, Operation & Maintenance, ... Respondent
The Assistant Executive Engineer, Operation & Maintenance, South TANGEDCO, Nagapattinam.
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records on the file of the respondent herein culminating in the Final Assessment order in Lr.No.AEE / O&M /SOUTH NGT/F.NGT.Energy / D.No.174/11 dated 04.11.2011 and quash the same and direct the respondent to refund the amount of Rs.1,73,046.00 unlawfully collected from the petitioner Annai Salt Works, Vadakupoigainallur.
For Petitioner : Mr.K.Sridhar for Mr.Hari Radha Krishnan For Respondent : Mr.P.Gunaraj O R D E R
Issues for consideration
1 issue framed by the court
Whether the petitioner, convicted in a civil proceeding for electricity theft under the repealed 1910 Act, can再利用 the saving clause of the 2003 Act to avoid paying the extra levy charge.
Parties & counsel
- petitioner
Annai Salt Works
- respondent
The Assistant Executive Engineer, Operation & Maintenance, South TANGEDCO, Nagapattinam
Coram
M. Dhandapani
Case details
As recorded by the court registry
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