Madras High Court
Superfil Products Ltd vs The State Of Tamil Nadu on 23 June, 2022
W.P. Nos.31496 to 31500 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. Nos.31496 to 31500 of 2012
and M.P.Nos.1,1,1,1,1,2,2,2,2,2,3 and 3 of 2014
Superfil Products Ltd.,
No.808/1, GR Complex Basement,
Anna Salai, Nandanam,
Chennai-35 …Petitioner
(In all W.P's)
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary,
Energy Department,
Fort Street.George, Chennai-600 009.
2.The Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
represented by its Chariman and Managing Director,
No.144, Anna Salai, Chennai-600 002.
3.The Tamil Nadu Transmission Corporation Limited,
(TANTRASCO) represented by its Chairman and
Managing Director,
No.144, Anna Salai, Chennai-600 002.
4.The Chief Financial Controller/ Revenue,
Accounts Branch, Revenue Division,
The Tamil Nadu Generation and Distribution
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W.P. Nos.31496 to 31500 of 2012
Corporation Limited (TANGEDCO),
No.144, Anna Salai,
Chennai-600 002.
5.Tamil Nadu Electricity Regulatory Commission,
represented by its Secretary,
19, Ruckmini Lakshmipathy Salai (Marshall's Road),
Egmore, Chennai-600 002. …Respondents
(In all W.P's)
PRAYER in W.P.No.31496/2012: Writ Petition filed under Article 226 of
the Constitution of India, praying to issue a Writ of Certiorarified
Mandamus calling for the records of the case from the files of the 1st
respondent viz. impugned G.O.(Ms) No.79 Energy (C-3) dt 11.7.2012
issued by the 1st respondent culminating in the 2nd respondent's Circular
Memo No.CFc/ Rev/FC/Rev/ AS-3/D.No. /12 dt 12.7.2012 quash the same
and forbear the respondents No.1 to 4 and 6 from in any manner levying
demanding and/ or collecting Cross Subsidy Surcharge from the petitioner
for procuring energy from wind mills CPP Power exchanges and third party
sources so long as the Restriction and Control measures imposed by the
respondents are in force.
PRAYER in W.P.No.31497/2012: Writ Petition filed under Article 226 of
the Constitution of India, praying to issue a Writ of Certiorarified
Mandamus calling for the records of the case from the files of the 6th
respondent in Bill No. 1540 dt 31.10.2012 for the month of October 2012
quash the levy of cross subsidy surcharge and direct the 6th respondent not
to collect the cross subsidy surcharge levied on the petitioner for procuring
energy from wind mills CPP Power exchanges and third party sources so
long as the Restriction and Control measures imposed by the respondents
are in force.
PRAYER in W.P.No.31498/2012: Writ Petition filed under Article 226 of
the Constitution of India, praying to issue a Writ of Certiorarified
Mandamus calling for the records of the case from the files of the 6th
respondent in Lr. No. SE/
CEDC/N/DFC/AO/AAO/HT/AS.4/F.1540/D.2897/12 dt 26.10.2012 for the
month of July 2012 quash the levy of cross subsidy surcharge and direct the
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W.P. Nos.31496 to 31500 of 2012
6th respondent not to collect the cross subsidy surcharge levied on the
petitioner for procuring energy from wind mills CPP Power exchanges
and third party sources so long as the Restriction and Control measures
imposed by the respondents are in force.
PRAYER in W.P.No.31499/2012: Writ Petition filed under Article 226 of
the Constitution of India, praying to issue a Writ of Certiorarified
Mandamus calling for the records of the case from the files of the 6th
respondent in Lr. No. SE/ CEDC/N/DFC/ AO/AAO/HT/ AS.4/ F.1540/
D.2897/ 12 dated 26.10.2012 for the month of August 2012 quash the levy
of cross subsidy surcharge and direct the 6th respondent not to collect the
cross subsidy surcharge levied on the petitioner for procuring energy from
wind mills CPP Power exchanges and third party sources so long as the
Restriction and Control measures imposed by the respondents are in force.
PRAYER in W.P.No.31500/2012: Writ Petition filed under Article 226 of
the Constitution of India, praying to issue a Writ of Certiorarified
Mandamus calling for the records of the case from the files of the 6th
respondent in Lr. No.SE/ CEDC/N/ DFC/AO/
AAO/HT/AS.4/F.1540/D.2897/12 dated 26.10.2012 for the month of
September 2012 quash the levy of cross subsidy surcharge and direct the
6th respondent not to collect the cross subsidy surcharge levied on the
petitioner for procuring energy from wind mills CPP Power exchanges
and third party sources so long as the Restriction and Control measures
imposed by the respondents are in force.
For Petitioner : Mr.Lakshmi Sriram
For R1 : Mr.M.C.Selvaraj
Additional Government Pleader
For R2 to R4 : Mr.L.Jai Venkatesh
for TANGEDCO
For R5 : No appearance
. . . (In all W.P's)
******
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W.P. Nos.31496 to 31500 of 2012
COMMON ORDER
The issue involved in all these writ petitions are one and same hence,
all the writ petitions are disposed of by way of common order.
2. The learned counsel for the petitioner and the respondents in
unison submitted that the issue raised in the present writ petitions stands
covered by the judgment of this Court in W.P.No.24889 of 2012 dated
10.02.2022, wherein it was observed as under:
“2. By impugned G.O.(Ms).No.79 Energy (C3)
Department dated 11.07.2012, Government had cancelled the
temporary waiver of cross subsidy surcharges and made
demands from the HT consumers like the petitioner. The said
G.O.(Ms).No.79 dated 11.07.2012 was challenged before this
Court in WP.No.23113 of 2012. This Court, by order dated
30.11.2012, quashed the impugned G.O.(Ms).No.79, against
which, writ appeal was filed by the respondents in
WA.No.1257 of 2012. The Hon-ble Division Bench of this
Court, by its order dated 24.09.2014, disposed of the writ
appeal with certain directions. Aggrieved over the same, the
Southern India Mill Owners- Association and TANGEDCO
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W.P. Nos.31496 to 31500 of 2012
have preferred an appeal and cross~objection before the Hon-
ble Supreme Court in SLA.(C).No.15662 of 2015. The Hon-ble
Supreme Court by its order dated 29.07.2015 has directed the
parties to maintain status~quo till the orders to the contrary.
Now that the matter is subjudiced, status~quo is maintained by
the parties concerned.
4.The learned counsel appearing for the parties
would submit that the writ petition may be disposed of, subject
to the out come of the judgment of the Hon-ble Supreme Court
in the above matter. Considering the facts and circumstances
of the case, this writ petition stands disposed of, subject to the
result of SLA(C).No.15662 of 2015. The parties shall maintain
status~quo till such time. No costs. Consequently, connected
miscellaneous petitions are closed.”
3. In view of the same, the present writ petitions are disposed of on
the above terms viz., parties shall maintain status quo until disposal of the
issue by the Hon'ble Supreme Court. No costs. Consequently, connected
miscellaneous petitions are closed.
23.06.2022
Speaking (or) Non Speaking Order
Index : Yes/ No
Psa
https://www.mhc.tn.gov.in/judis
W.P. Nos.31496 to 31500 of 2012
To:
1.The Secretary,
The State of Tamil Nadu,
Energy Department,
Fort Street.George, Chennai-600 009.
2.The Chariman and Managing Director,
Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
No.144, Anna Salai, Chennai-600 002.
3.The Chairman and Managing Director,
Tamil Nadu Transmission Corporation Limited (TANTRASCO),
No.144, Anna Salai, Chennai-600 002.
4.The Chief Financial Controller/ Revenue,
Accounts Branch, Revenue Division,
The Tamil Nadu Generation and Distribution
Corporation Limited (TANGEDCO),
No.144, Anna Salai,
Chennai-600 002.
5.The Secretary,
Tamil Nadu Electricity Regulatory Commission,
19, Ruckmini Lakshmipathy Salai (Marshall's Road),
Egmore, Chennai-600 002.
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W.P. Nos.31496 to 31500 of 2012
MOHAMMED SHAFFIQ, J.
Psa
W.P. Nos.31496 to 31500 of 2012
23.06.2022
https://www.mhc.tn.gov.in/judis
