Common order disposing of bonded wheat procurement writ petitions regarding electricity tax on demand charges, referencing pending Supreme Court appeals.
Petitioners directed to make representation; benefit subject to Supreme Court outcome; no 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 :10.06.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.Nos. 22693 & 22694 of 2007
M/s.NGA Steels (P) Ltd., Rep. by the Managing Director, Pappakadu, Karukkampalayam Village, Morur, Sankari Taluk, Salem District – 637 304. ..Petitioner in WP.No.23693 of 2007 M/s.Sri Krishna Alloys, Rep. by the Partner, 262/1-B-2, Manjakkalpatty Village, Akkampet (PO), Sankari Taluk, Salem District – 637 301. ..Petitioner in WP.No.23694 of 2007 Vs. 1. The State of Tamil Nadu, Rep. by the Secretary to Govt., Department of Energy, Fort St.George, Chennai – 600 009. 2. The Chairman, Tamil Nadu Electricity Board 800, Anna Salai, Chennai – 600 002.
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents one to three to give effect to the order of Supreme Court in C.A.2551 of 2007 dated 15.05.2007 by not levying electricity taxes on demand charges, pass revised demand of electricity tax, excluding tax on demand charges and corresponding BPSC for tax on demand charges and refund the electricity taxes collected on demand charges with BPSC.
For Petitioners in both WP.Nos.: Mr.S.Sivanandam
For Respondents in both WP.Nos.: Mr.K.Bhuvaneswari, Additional Government Pleader for R1
Mr.P.R.Dhilipkumar
C O M M O N O R D E R
Since the prayer in the above Writ Petitions are one and the same, they are clubbed together and a common order is passed.
Sd/-
Assistant Registrar (CS-V)
//True Copy//
Sub Assistant Registrar
kmm
To
1. The State of Tamil Nadu,
Rep. by the Secretary to Govt.,
Department of Energy,
Fort St.George,
Chennai – 600 009.
2. The Chairman,
Tamil Nadu Electricity Board
800, Anna Salai,
Chennai – 600 002.
3. The Superintending Engineer,
TENB – Mettur Distribution Circle,
Mettur Dam.
+2 ccs to M/s.S.Rajesh, Advocate, S.R.No.46663, 46660
W.P.Nos.22693 & 22694 of 2007
BP(CO)
SSM(24/07/2019)
M/s. NGA Steels (P) Ltd.
M/s. Sri Krishna Alloys
The State of Tamil Nadu
The Chairman, Tamil Nadu Electricity Board
The Superintending Engineer, TENB – Mettur Distribution Circle
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
