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Madras High CourtWP/5686/2004dismissed for nonprosecution

South India Imported Machine v. The State Of Tamilnadu, Rep By

2024-01-31Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.P.M.P.No.6641 of 2004 South India Imported Machine Knitters Association ... Petitioner Vs.

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

2. The Tamil Nadu Electricity Board, represented by its Chairman, 800, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Electricity Distribution, Avinashi Circle, Coimbatore District.

4. The Superintending Engineer, Tirupur Electricity Distribution Circle, Tirupur, Coimbatore District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that the Tamil Nadu Tax on Consumption or sale of Electricity Tax Act, 2003 (Act 12 of 2003) as illegal, unforceable and ultra vires the Constitution of India so far as the levy of electricity tax on the total consumption of electricity under Section3 of the said Act in so far as the petitioner is concerned.

For Petitioner : No appearance For R1 : Mr.P.Balathandayutham, Special Government Pleader For R2 to R4 : No appearance

O R D E R

When the matter was listed for hearing on 23.01.2024, none appeared on behalf of the petitioner. Thus, this Court passed an order, directing the Registry to list the matter on 29.01.2024, under the caption "For Dismissal".

2. Even today, i.e. 31.01.2024, when the matter is taken up for hearing, none appeared for the petitioner. Thus, it is evident that the petitioner is not interested in pursuing the matter. Accordingly, the Writ Petition stands dismissed for non-prosecution. Consequently, the connected Miscellaneous Petition is closed. No costs.

31.01.2024 Jeni Index : Yes Speaking order / Non-speaking order

To

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

2. The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Electricity Distribution, Avinashi Circle, Coimbatore District.

4. The Superintending Engineer, Tirupur Electricity Distribution Circle, Tirupur, Coimbatore District.

S.M.SUBRAMANIAM, J.

Jeni 31.01.2024