Madras High Court
Itc Limited vs Tamil Nadu Generation And ... on 13 December, 2021
WP No.19254 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13-12-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.19254 of 2015
And
MP No.1 of 2015
ITC Limited, Represented by its Divisional
Chief Executive Mr.Sanjay K.Singh,
Paperboards and Speciality Papers Division,
Unit : Kovai,
Vivekanandapuram (PO),
Thekkampatty (Village),
Coimbatore – 641 113,
Tamil Nadu, India. .. Petitioner
vs.
1.Tamil Nadu Generation and Distribution
Corporation Ltd.,
TANGEDCO (earlier TNEB),
Represented by its Chairman,
No.800, Anna Salai,
Chennai – 600 002.
2.Superintending Engineer,
TANGEDCO,
Coimbatore EDC/North,
Coimbatore – 12.
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WP No.19254 of 2015
3.Additional Chief Engineer,
TANGEDCO,
Coimbatore EDC/North,
Coimbatore – 12.
4.Bilt Industrial Packaging Company Ltd.,
No.1, B.R.Layout,
Rajiv Gandhi Nagar,
Uppilipalayam,
Coimbatore – 641 015.
Also at : First India Place,
Tower C, Mahruali Gurgaon Road,
Gurgaon – 122 002,
Haryana. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorari, calling for the records of the
second respondent relating to the impugned letter dated 15.06.2015 bearing
reference SE/CEDC/N/CBE/DFC/ /AO/REV/AAO/HT /F
TF.Concession/D96 /14 and quash the same as illegal.
For Petitioner : M/s.S.Ramasubramaniam Associates
For Respondents-1 to 3 : Mr.M.Abdul Kalam for
TANGEDCO
For Respondent-4 : Not Ready in Notice
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WP No.19254 of 2015
ORDER
The order dated 15.06.2015 issued by the second respondent
regarding Tariff Concession, is under challenge in the present writ petition.
2. The petitioner is a Company registered under the Companies
Act and inter-alia engaged in the business of manufacture of paperboards and
speciality papers at its Unit at Kovai.
3. The fourth respondent is Bilt Industrial Packaging Company
Limited, which is a Company incorporated under the Laws of India and
which was the owner of the aforesaid Unit at Kovai until 2003 when the
petitioner-Company purchased the Unit at Kovai as an operating business in
terms of a Slump Sale Agreement dated 07.11.2003.
4. The grievance of the petitioner is that they have taken over the
Company in the year 2003 and submitted applications regarding tariff
concessions to be extended. The second respondent-Superintending Engineer
declined the request of the petitioner, merely on the ground that the petitioner
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WP No.19254 of 2015
was one of the respondents in W.A.No.653 of 2010, on which this Court had
delivered the judgment on 29.11.2013. Based on the Court direction, the
petitioner has been called for a personal hearing on 05.05.2014 and extension
of time was permitted upto 20.05.2014 on the request of the petitioner.
5. In view of the fact that the petitioner had not produced any
documents or evidences to substantiate their eligibility for Tariff Concession,
such concession was rejected in respect of the petitioner.
6. The learned counsel for the petitioner brought to the notice of
this Court that the petitioner in the present writ petition was the respondent in
the Writ Appeal and the Hon'ble Division Bench of this Court had decided
the issue in respect of the claims set out by the petitioner in the Writ Appeal
and the relevant portion of the order is extracted as under:-
“In the light of the said submission, such
individual orders are set aside and we direct the
concerned authority of the appellant-Board to call
the individual Industries who had litigated before
the Hon'ble Supreme Court and who are litigating
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WP No.19254 of 2015
before this Court to consider the individual claims
for tariff concession, and after affording
opportunity to the individual Industries to adduce
documentary proof to sustain their claim, pass
appropriate orders strictly in accordance with the
directions issued by the Hon'ble Supreme Court in
the judgment referred to above, within a period of
three months from the date of receipt of a copy of
this order. If any rejection orders are to be passed
by the concerned authority of the Board affecting
the rights of the Industry/Industries, we are of the
view that opportunity of hearing should be
extended to the individual Industries by the
concerned authority to substantiate their claim. It
is also made clear that neither the stand taken in
the counter affidavit nor in these writ appeals shall
be relied on by the concerned authority of the
Board while taking a decision as directed above
and the concerned authority is directed to follow
strictly the directions issued by the Hon'ble
Supreme Court. It is also needless to state that if
the order of the learned single Judge is complied
with and implemented in any of the matters, the
said order will stand good. The writ appeals are
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WP No.19254 of 2015
disposed of with the aforesaid observations and
directions. Consequently, connected miscellaneous
petitions are closed. No costs.”
7. Relying on the abovesaid order of the Hon'ble Division Bench
of this Court, the learned counsel for the petitioner reiterated that the claim of
the petitioner is to be considered independently with reference to the
application submitted by the petitioner was disposed of in the writ appeal.
8. This Court is of the considered opinion that no doubt the
implications in respect of the directions or otherwise issued by the Hon'ble
Division Bench of this Court is to be followed by the Authorities Competent.
However, the case of the petitioner is to be considered with reference to the
facts and circumstances pleaded before the Competent Authorities.
9. The application of the judgment is to be made with reference
to the facts established, as the petitioner was the respondent in the writ appeal
and it is needless to state that the findings made by the Hon'ble Division
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WP No.19254 of 2015
Bench of this Court are binding on all the parties concerned. Under these
circumstances, the grievance of the petitioner is that no opportunity was given
to the petitioner and the order impugned was passed without considering the
facts and circumstances of the case of the petitioner.
10. This being the factum established, this Court is of the the
opinion that the matter is to be remanded back for the purpose of fresh
adjudication. Accordingly, the order impugned passed by the second
respondent-Superintending Engineer in proceedings dated 15.06.2015 is set
aside and the second respondent-Superintending is directed to conduct a fresh
enquiry by providing an opportunity to the petitioner and take a decision. In
this regard, the second respondent-Superintending is directed to issue notice
to all the parties concerned, including the petitioner and the fourth
respondent, within a period of four weeks from the date of receipt of a copy
of this order. On receipt of the notice, the petitioner is directed to submit their
explanations/documents, if any, within a period of two weeks from the date of
receipt of the notice to be issued by the second respondent-Superintending
Engineer. Thereafter, the second respondent-Superintending Engineer is
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WP No.19254 of 2015
directed to consider the case of the petitioner on merits and based on the
documents available and pass orders, within a period of six weeks thereafter.
11. With the abovesaid directions, the writ petition stands
allowed. However, there shall be no order as to costs. Consequently,
connected miscellaneous petition is closed.
13-12-2021
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
To
1.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
TANGEDCO (earlier TNEB),
No.800, Anna Salai,
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WP No.19254 of 2015
Chennai – 600 002.
2.Superintending Engineer,
TANGEDCO,
Coimbatore EDC/North,
Coimbatore – 12.
3.Additional Chief Engineer,
TANGEDCO,
Coimbatore EDC/North,
Coimbatore – 12.
S.M.SUBRAMANIAM, J.
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WP No.19254 of 2015
WP 19254 of 2015
13-12-2021
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