Madras High Court
Sadas Textile Mills Private ... vs State Of Tamil Nadu on 19 November, 2021
W.P.No.41864 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.41864 of 2016
Sadas Textile Mills Private Limited,
Kodumudi Road, Mettukadai,
Muthur (P.o), Kangayam (T.K),
Erode – 638105
Redp. its Managing Director K.Nithyanandam ... Petitioner
Vs.
1.State of Tamil Nadu,
Rep by the Secretary to Government,
Energy Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The TANGEDCO,
Rep by its Chairman,
No.144, Anna Salai,
Chennai – 600 002.
3.The Chief Engineer/Commercial,
TANGEDCO,
No.144, Anna Salai,
Chennai – 600 002.
1/6
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W.P.No.41864 of 2016
4.The Superintending Engineer,
Erode Electricity Distribution Circle,
TANGEDCO,
Erode.
5.The Superintending Engineer,
Tirupur Electricity Distribution Circle,
TANGEDCO,
Tirupur. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the 3rd respondent and 5th
respondent to grant tariff concession benefit of Rs.22,97,097/- to the
petitioner industry for the period March /1997 to March/2000 as per the
order of this Hon'ble Court in W.P.No.17700/08 dated 26.09.2008 based on
the law laid down by the Supreme Court in its judgment dated 16.05.2008
passed in Civil Appeal No.3940 of 2008 along with a interest of 1.5% per
month from their respective due date to the date of payment and also refund
Rs.14,82,453/- illegally collected from the petitioner.
For Petitioner : Mr.S.P.Parthasarthy
For R1 : Mr.C.Selvaraj
Additional Government Pleader
For R2 to R5 : Mr.L.Jai Venkatesh
Standing Counsel for [TANGEDCO]
2/6
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W.P.No.41864 of 2016
ORDER
The relief sought for in the present writ petition is to direct the
respondents 3 and 5 to grant tariff concession benefit of Rs.22,97,097/- to
the petitioner industry for the period March /1997 to March/2000 as per the
order of this Hon'ble Court in W.P.No.17700/08 dated 26.09.2008 based on
the law laid down by the Supreme Court in its judgment dated 16.05.2008
passed in Civil Appeal No.3940 of 2008 along with a interest of 1.5% per
month from their respective due date to the date of payment and also refund
Rs.14,82,453/- illegally collected from the petitioner.
2. Adjudication of issues raised in the present writ petition become
unnecessary, in view of the submission made by the respondents in their
counter affidavit. The counter affidavit filed by the Superintending
Engineer, TANGEDCO, Paragraph 6.4 states as follows:
“6.4. I respectfully submit that the TANGEDCO has
ready to refund the total amount of Rs.41,70,634/- towards
tariff concession amount of Rs.22,02,662 + Bank Guarantee
amount Rs.4,85,519 + BPSC collected amount of
Rs.14,82,453/-”
https://www.mhc.tn.gov.in/judis
W.P.No.41864 of 2016
3. The respondents are objecting the payment of interest alone and
this Court is of an opinion that, in view of the continuing litigation between
the parties, it may not be preferable to consider the payment of interest to
the petitioner.
4. However, it is for the petitioner to submit a fresh application for
claiming interest and in the event of filing any such application, the same
may be considered on merits. As far as the refund as admitted in paragraph
6.4 of the counter affidavit, the respondents are bound to settle the amount
by issuing check as expeditiously as possible and preferably, within a period
of 12 weeks from the date of receipt of a copy of this order.
5. With these observations, the writ petition stands disposed of. No
costs.
19.11.2021
Jeni/Nti
Internet : Yes
Index : Yes
Speaking order / Non Speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.41864 of 2016
To
1.The Secretary to Government,
State of Tamil Nadu,
Energy Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Chairman,
The TANGEDCO,
No.144, Anna Salai,
Chennai – 600 002.
3.The Chief Engineer/Commercial,
TANGEDCO,
No.144, Anna Salai,
Chennai – 600 002.
4.The Superintending Engineer,
Erode Electricity Distribution Circle,
TANGEDCO,
Erode.
5.The Superintending Engineer,
Tirupur Electricity Distribution Circle,
TANGEDCO,
Tirupur.
https://www.mhc.tn.gov.in/judis
W.P.No.41864 of 2016
S.M.SUBRAMANIAM, J.
Jeni/Nti
W.P.No.41864 of 2016
19.11.2021
https://www.mhc.tn.gov.in/judis
