Madras High CourtWP/4775/2004dismissed as infructuous

Texmo Industries v. The State Of Tamil Nadu, Rep

2019-06-04Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.06.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.4775 of 2004 Texmo Industries, P.B. No.5303, Mettupalayam Road, Coimbatore-641 029 represented by its Managing Partner Mrs. Damayanti Ramachandran ..Petitioner -Vs1. The State of Tamil Nadu represented by its Secretary to Government, Public Works Department, Fort St. George, Chennai-9.

2. The State of Tamil Nadu represented by its Secretary to Government, Energy Department, Fort St. George, Chennai-600 009.

3. Tamilnadu Electricity Board, represented by its Chairman, 800, Anna Salai, Chennai-600 002.

4. The Superintending Engineer (TNEB), Coimbatore Electricity Distribution Circle, Coimbatore. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Declaration declaring that the Tamil Nadu Electricity (Taxation on Consumption) Act viz., Act 32 of 1991, as illegal, unenforceable and ultravires the Constitution of India in so far as the petitioner industry is concerned and to direct the 3rd and 4th respondents to refund the entire amount collected from the petitioner under the head of electricity tax, additional tax.

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For Petitioner : Mr. Palani Selvaraj For Respondents : Ms.Bhuvanesweri for R1 and R2 Mr. S.K. Rameshwar for R3 and R4

O R D E R

The learned counsel appearing for the petitioner made an endorsement that nothing survives in the above Writ Petition and the Writ Petition may be dismissed as infructuous..

2. In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous. However, there shall be no order as to costs. mrn Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu Public Works Department, Fort St. George, Chennai-9.

2. The Secretary to Government of Tamil Nadu, Energy Department, Fort St. George, Chennai-600 009.

3.The Chairman Tamilnadu Electricity Board, 800, Anna Salai, Chennai-600 002.

4. The Superintending Engineer (TNEB), Coimbatore Electricity Distribution Circle, Coimbatore.

+1cc to the Govt.Pleader, Vide Sr.No.45355 W.P.No.4775 of 2004 Kak(22/07/2019) https://hcservices.ecourts.gov.in/hcservices/