Madras High CourtWP/25398/2018disposed of

M/S. Sakthi Sugars Ltd., v. State Of Tamil Nadu,

2018-10-08Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE R.MAHADEVAN WP No.25398 of 2018 and WMP.No.29553 of 2018 M/S.SAKTHI SUGARS LTD., [PETITIONER IN BOTH THE REP.BY ITS VICE PRESIDENT PETITIONS] (TAXATION AND INTERNAL AUDIT) APPAKUDAL, SAKTHI NAGAR, BHAVANI TALULK, ERODE-638 315.

Vs 1 STATE OF TAMIL NADU [RESPONDENTS IN BOTH THE REP. BY ITS SECRETARY TO GOVERNMENT PETITIONS] PUBLIC WORKS DEPARTMENT FORT ST. GEORGE, CHENNAI-600 009.

2 THE EXECUTIVE ENGIEERN PUBLIC WORKS DEPARTMENT(WRD) BHAVANISAGAR DAM DIVISION, BHAVANISAGAR-638 451.

Writ Petitions and writ miscellaneous petition filed under Article 226 of the Constitution of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (i)issue a writ of certiorari or any other appropriate writ, order or direction of like nature calling for the records pertaining to G.O.(Ms)No.92, Public Works (W2)Department dated 13.04.2018 and that of the proceedings of the 2nd respondent bearing Letter NO.VP/Eva.A.1/Ko/Sakthi Sugar/370M/2018 dated 24.08.2018 and quash the same (in WP.No.25398/2018)and (ii)Stay the operation of G.O.(Ms)No.92, Public Works (W2) Department dated 13.04.2018 issue by the 1st respondent and that of the proceedings of the 2nd respondent bearing Letter NO.VP/Eva.A.1/Ko/Sakthi Sugar/370M/2018 dated 24.08.2018 (in WMP.No.29553/2018) pending disposal of the above WP.No.25398/2018 respectively.

Order : These petitions coming on this day for hearing upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.AIYAR AND DOLIA, Advocate for the petitioner in both the petitions, and of M/S.C.MANISHANKAR, AAG Assisted by M/S.JAYAPRAKASH NARAYANAN, Special Government Pleader on behalf of the respondents in both the petitions the Court made the following order:- Mr.C.Manishankar, learned Additional Advocate General assisted by Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for the respondents.

2.The learned counsel for the petitioner specifically submitted that the basic levy itself is in question and the same is pending consideration before the Hon'ble Division Bench of this Court and the Department without any authority and not following any of the procedure, straight away enhanced the water charges from 50 paise to 20 rupees, which causes huge financial burden to the petitioner.

3.On the other hand, the learned Additional Advocate General submitted that having agreed to pay this fixation, the petitioner has now come up with this petition.

4.Having regard to the submissions of either side, this Court is of the considered view that as raised by the learned counsel for the petitioner with regard to the legality in issue, the impugned order shall be kept in abeyance for a period of two weeks.

5.Post the matter on 08.10.2018 along with the batch. In the meanwhile, the respondents are directed to file counter. -sd/- 28/09/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU PUBLIC WORKS DEPARTMENT FORT ST. GEORGE, CHENNAI-600 009.

2 THE EXECUTIVE ENGIEERN PUBLIC WORKS DEPARTMENT(WRD) BHAVANISAGAR DAM DIVISION, BHAVANISAGAR-638 451.

C.C. to M/S.AIYAR AND DOLIA, Advocate Sr.No.11836 The Government Advocate, High Court, Madras - 104. Order in WP No.25398 of 2018 and WMP.No.29553 of 2018 Date :28/09/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(01/10/2018) (IT)