M/S.N.G.A.Steels(P) v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MRS.PUSHPA SATHYANARAYANA W.A.No.548 of 2004 and WA.MP.No.970 of 2004 M/s.N.G.A. Steels (P), rep. by the Managing Director, Pappankadu, Karukkampalayam Village, Sankari Taluk, Salem-637 304.

.. Appellant Vs.

1.The State of Tamil Nadu, rep. by the Secretary to Government, Energy Department, Fort St. George, Chennai-9.

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

3.The Chief Electrical Inspector to Government, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

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

5.The Superintending Engineer, TNEB - Mettur Distribution Circle, Mettur.

.. Respondents Appeal filed under Clause 15 of Letters Patent against the order dated 21.10.2003 made in W.P.No.21713 of 2003 on the file of this Court.

Writ Petition praying that to issue a writ of Declaration declaring the TamilNadu tax on consumption or sale of Elecricity Act, 2003(Act 12 of 2003) as ultra Vives the constitution of India, illegal, invalid and unenforceable relating levy of tax on the sale of electricity and consumption for own use out of own generator in so far as the petitioners are concerned regarding service connection number 161.

For Appellant .. Mr.S.Sivanandam For Respondents .. Mr.STS.Moorthy Government Pleader for R1 No Appearance for R2 to R5

JUDGMENT

(Judgment of the Court was made by The Hon'ble Chief Justice) It is agreed that the present appeal be disposed of in terms of the orders passed in W.A.No.547 of 2004 and W.P.No.25851 of 2003, dated 02.06.2015. Ordered accordingly. No costs. Consequently, WA.MP.No.970 of 2004 stands closed.

2. The learned counsel for the appellant may inform the Registry all similar matters pending which can be listed for similar orders.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Secretary to Government, Energy Department, Fort St. George, Chennai-9.

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

3.The Chief Electrical Inspector to Government, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai-600 032.

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

5.The Superintending Engineer, TNEB - Mettur Distribution Circle, Mettur.

6.The Section Officer, VR Section, High Court, Madras.

+1cc to M/S.S.sivanandam, Advocate Sr.64012 W.A.No.548 of 2004 ala[co] srg 21/12/2015