Thambbi Modern Spinning Mills v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.24815 to 24818 of 2004 and W.P.M.P.Nos. 30170 to 30173 of 2004 Thambi Modern Spinning Mills Ltd., Unit - I Rep. By its Authorised Signatory P.Rajasekaran Omalur Main Road Jagir Ammanpalayam Salem - 5. ...Petitioner in W.P.No.24815 of 2004 Thambi Modern Spinning Mills Ltd., Unit - III Rep. By its Authorised Signatory P.Rajasekaran Opp: TNEB Sub-Station Kamarajar Nagar Colony (PO) Salem - 636 014.
...Petitioner in W.P.No.24816 of 2004
Thambi Modern Spinning Mills Ltd., Unit - II Rep. By its Authorised Signatory P.Rajasekaran Opp: TNEB Sub-Station Kamarajar Nagar Colony (PO) Salem - 636 014.
...Petitioner in W.P.No.24817 of 2004
Thambi Delta Dyeing Plant Division of Thambbi Modern Spg.Mills Ltd., Rep. By its Authorised Signatory P.Rajasekaran Kombaipatti Village Gorimedu Salem
...Petitioner in W.P.No.24818 of 2004
Vs
1. The Chairman Tamil Nadu Electricity Board, 800, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Salem Electricity Distribution Circle, Salem ... Respondents in all Writ Petitions Prayer in W.P.No.24815 of 2004: Writ Petitions filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in its proceedings in Letter No. SEDC/A/CS.BR/AOR/HT/A/F. COURT CASE/PR.410/2004 Dated 11.08.2004 and quash the same and permit the Petitioner to pay the accrued Peak Hour Consumption Charges alone as on date by 36 monthly installments.
Prayer in W.P.No.24816 of 2004: Writ Petitions filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in its proceedings in Letter No. SEDC/A/CS.BR/AOR/HT/A3/F.
COURT CASE/PR.411/2004 Dated 11.08.2004 and quash the same and permit the Petitioner to pay the accrued Peak Hour Consumption Charges alone as on date by 36 monthly installments.
Prayer in W.P.No.24817 of 2004: Writ Petitions filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in its proceedings in Letter No. SEDC/A/CS.BR/AOR/HT/A3/F.
COURT CASE/PR.412/2004 Dated 11.08.2004 and quash the same and permit the Petitioner to pay the accrued Peak Hour Consumption Charges alone as on date by 36 monthly installments.
Prayer in W.P.No.24818 of 2004: Writ Petitions filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in its proceedings in Letter No. SEDC/A/CS.BR/AOR/HT/A3/F.
COURT CASE/PR.413/2004 Dated 11.08.2004 and quash the same and permit the Petitioner to pay the accrued Peak Hour Consumption Charges alone as on date by 36 monthly installments.
For Petitioners : Mr.M.Kamalanathan (in all Writ Petitions) For Respondents : Mr.S.K.Rameshuwar (in all Writ Petitions)
C O M M O N O R D E R The issues involved in these writ petitions are in relation to the payment of Peak Hour Consumption Charges by installments. The Peak Hour Consumption charges are raised in these present writ petitions are in connection with the usage of Electricity during the relevant point of time in the year 2004. Now, after a lapse of 14 years, the issues raised in these present writ petitions deserves no further adjudication and Accordingly, all the writ petitions stand closed.
2.This apart, the payment of Peak Hour consumption charges are approved by the Honourable Supreme Court of India in favour of the Electricity Board in the case of Magna Electro Castings Limited Vs. The State of Tamil Nadu & Others, reported in 2005 0 Supreme (Mad) 1410. Accordingly, all the writ petitions stand closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kak/kmm To
1. The Chairman Tamil Nadu Electricity Board, 800, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Salem Electricity Distribution Circle, Salem.
W.P.Nos.24815 to 24818 of 2004 VSNII(CO) CSL/05.02.2019