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Madras High CourtWP/17451/2003dismissed

Royal Chloraton P.Ltd., v. The State Of Tamil Nadu,

2017-01-19Honourable Mr Justice P. N. Prakash2 pages

In the High Court of Judicature at Madras Dated: 19.01.2017 Coram The Honourable Mr.JUSTICE P.N.PRAKASH W.P.No.17451 of 2003 Royal Chlorates Private Limited, Rep. By its Managing Director, A.Xavier Jayapaul, S.F.No.12/3-A, Pasuvanthanai Village, Ottapidaram, Tuticorin District.

[ PETITIONER] Vs 1.The State of Tamil Nadu, Rep. By Secretary to Government, Energy Department, Fort St.George, Chennai-9.

2.The Chairman, Tamilnadu Electricity Board, Tuticorin District.

3.The Superintending Engineer, Chennai Electricity Distribution Circle/South, Tuticorin District. [ RESPONDENTS] Prayer: Writ petition filed under Article 226 of the constitution of India for issuance of a writ of Certiorarified mandamus to call for the records relating to the impugned Notice in Lr.No.0786/ACE/TEDC/AO(R)/RCS/AS/2003-13 dated 12.5.2003 issued by the third respondent herein quash the same and to forbear the respondents from levying and collecting Peak Hour Charges at the rate of 20% w.e.f. 16.3.2003 for the service connection HTSC No.180.

For Petitioner : Mr.M.Md.Ibrahim Ali For Respondents: Mr.Mr.P.Karthikeyan Government Advocate https://hcservices.ecourts.gov.in/hcservices/

O R D E R

In this writ petition, the petitioner has challenged the notice dated 12.05.2003 issued by the Tamilnadu Electricity Board levying and collecting peak hour charges at the rate of 20% with effect from 16.03.2003 for the service connection of the petitioner. Challenging similar notices, a batch of writ petitions were filed and they were heard along with W.A.No.1513 of 2004 by the First Bench of this Court and were dismissed on 23.08.2005 by a detailed order holding that the levy is not illegal.

2.In view of the above development, the writ petition has to be dismissed and accordingly, the same is dismissed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vri To 1.The Secretary to Government, Energy Department, Fort St.George, Chennai-9.

2.The Chairman, Tamilnadu Electricity Board, Tuticorin District.

3.The Superintending Engineer, Chennai Electricity Distribution Circle/South, Tuticorin District.

W.P.No.17451 of 2003 ug[co] srg 6/2/2017 https://hcservices.ecourts.gov.in/hcservices/