Avaneetha Textiles (P) Ltd v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.14374 of 2009 and M.P.No.1 of 2009 Avaneetha Textiles (P)Limited, HTSC No.411, SF No.384, Thattampudur, Kaniyur Village, Karumathampatti, Coimbatore-641 659 represented by its Managing Director Umasekar ... Petitioner .Vs.
1.The State of Tamil Nadu represented by its Secretary to Government, Energy Department, Fort.St.George, Chennai- 600 009.
2.Tamil Nadu Electricity Board, represented by its Chairman, 800, Anna salai, Chennai- 600 002.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that the Provisions of the Tamil Nadu Tax on Consumption or Sale of Electricity Act 12 of 2003 as amended by Tamil Nadu Tax on Consumption or Sale of Electricity Amendment Act, 2007, i.e., Act No.38 of 2007 as unconstitutional, beyond the legislative competence and violative of Article 14 of the Constitution of India.
For Petitioner :
Mr.R.S.Pandiyaraj For R1 :
Mr.K.Bhuvaneswari Additional Government Pleader For R2 :
Mr.S.K.Rameshwar
ORDER
This writ petition has been filed seeking declaration that the Provisions of the Tamil Nadu Tax on Consumption or Sale of https://hcservices.ecourts.gov.in/hcservices/
Electricity Act 12 of 2003 as amended by Tamil Nadu Tax on Consumption or Sale of Electricity Amendment Act, 2007, i.e., Act No.28 of 2007 as unconstitutional beyond the legislative competence and violative of Article 14 of the Constitution of India.
2.In view of the issue raised in the present writ petition being settled against the petitioner in terms of the Division Bench Judgment in W.P.Nos.159 of 2008,etc.(batch) decided on 15.06.2012 and thereafter, the Hon'ble Supreme Court having entertained the Special Leave Appeals against the said judgment bearing Special Leave Appeal (Civil) Nos.24685 to 24719 of 2012 dated 31.08.2012, with an interim direction restraining the respondents therein from taking any coercive steps for disconnecting the supply of electricity to the premises of the petitioner therein, subject to that petitioner paying all the charges / dues except tax calculated on the basis of maximum demand, it is agreed that the present writ petition be disposed of in the terms aforesaid, with the agreement that the ultimate fate of the matter before the Hon'ble Supreme Court would also govern the present petitioner and the same interim order would continue to enure for the benefit of the writ petitioner during the pendency of the Special Leave Appeals.
3.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. pnn Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, State of Tamil Nadu Energy Department, Fort.St.George, Chennai- 600 009.
2. The Chairman, Tamil Nadu Electricity Board, 800, Anna salai, Chennai- 600 002.
+1cc to the Govt.Pleader, Vide Sr.No.58581 W.P.No.14374 of 2009 and M.P.No.1 of 2009 Kak(26/08/2019) https://hcservices.ecourts.gov.in/hcservices/