M/S.Gowri Spinning Mills (P) v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15-06-2017

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.11992 of 2007 and MP.No.1 of 2007 M/s. Gowri Spinning Mills (P) Ltd., Rep. By the Managing Director ... Petitioner -Vs1. The Union on India, Rep. By the Secretary, Department of Energy, New Delhi.

2. The State of Tamil Nadu, Rep. By the Secretary, Department of Energy, Fort St. George, Chennai - 600 009.

3. The Tamil Nadu Electricity Board, Rep. By the Chairman, 800, Anna Salai, Chennai - 600 002.

4. The Superintending Engineer, TNEB - Dharmapuri Electricity, Distribution Circle, Dharmapuri-5.

5. The Tamil Nadu Electricity Regulatory Commission, Rep. By the Secretary, 17, Third Main Road, Seethammal Colony, Alwarpet, Chennai - 600 018.

... Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of DECLARATION declaring that clause 20.02 of the Terms and Condition of Supply of Electricity of Tamil Nadu Electricity Board in operation upto 31-8-2004 levying and collection of Belated Payment Surcharge 1.5 per month (18% per

annum) is excessive, arbitrary, unreasonable, discriminatory, violative of Article 14 and 19(1)(g) of Constitution of India and consequently direct the third and fourth respondents to refund the BPSC collected from the petitioners with interest. For Petitioner : Mr.S.Sivanandam For Respondents : Mr.J.Madanagopal Rao, CGSC for R1 : Mr.V.Anandhamurthy AGP for R2 : Mr.M.Varunkumar for R 3 and R4

O R D E R

Today, when this Writ Petition is taken up for hearing, the learned counsel for the petitioner had sought permission of this Court to withdraw this Writ Petition. He had also made an endorsement to that effect.

2. In view of the submission made by the learned counsel for the petitioner and also in view of the endorsement made, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vv/arr To

1. The Secretary, The Union on India, Department of Energy, New Delhi.

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

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

4. The Superintending Engineer, TNEB - Dharmapuri Electricity, Distribution Circle, Dharmapuri-5.

5. The Secretary, The Tamil Nadu Electricity Regulatory Commission, 17, Third Main Road, Seethammal Colony, Alwarpet, Chennai - 600 018.

+1cc to Mr.S.Sivanandam, Advocate Sr.42579 W.P.No.11992 of 2007 and MP.No.1 of 2007 MSM[CO] SRG 22/06/2017