The Commissioner And Secretary vs Sri Muhuntha Paper Boards
2023 Latest Caselaw 5559 Mad

                                                                         W.A.No.278 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:   06.06.2023

                                                     CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                               W.A.No.278 of 2021

                     1. The Commissioner and Secretary
                         to Government of Tamil Nadu
                        Industries Department, Fort St. George
                        Chennai – 600 009.

                     2. The Industries Commissioner and
                         Director of Industries and Commerce
                        Chepauk, Chennai – 600 005.

                     3. The General Manager
                        District Industries Centre
                        Namakkal District.                          ..   Appellants

                                                       Vs.

                     Sri Muhuntha Paper Boards
                     Rep. by its Managing Partner Thiru S.Jagadeesh
                     S.F.No.14/2, D. No.294/2, 3 & 4
                     Sanapalayam, Pullagoundampatti (P.O.)
                     Tiruchengode (TK)
                     Namakkal District.                           ..     Respondents




                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                  W.A.No.278 of 2021




                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 06.08.2018 made in W.P.No.28167 of 2010.


                                      For the Appellants      :   Mrs.R.Anitha
                                                                  Spl. Government Pleader

                                      For the Respondent      :   Mr.P.D.Sriram


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appellants assail the order passed by the learned Single

Judge of this Court dated 06.08.2018 in W.P.No.28167 of 2010.

2. In the said writ petition, the present respondent sought

directions, to issue eligibility certificate and release low tension

power tariff subsidy, to the appellants for S.C.Nos.409 and 410 for

the period from 11.05.2001 to 17.04.2004.

3. Learned Special Government Pleader contends that in fact,

in view of the circular dated 11.06.2002, the present respondent

was not entitled for the low tension subsidy. In the year 2006, the

https://www.mhc.tn.gov.in/judis W.A.No.278 of 2021

respondent converted the same into a high tension line. This fact

shows that only to get a subsidy, the respondent tried to show three

different connections of 150 HP load. He would have been entitled

only for one HP load of 150.

4. We have gone through the order of the learned Single

Judge. While passing the impugned order, the learned Single Judge

relied upon the decision of a Division Bench of this Court dated

31.01.2007 in W.A.No.1576 of 2004. In the said judgment, the

Division Bench held that the circular dated 11.06.2002 would not

have retrospective effect. In the case before the Division Bench, the

petitioner therein also has applied for three connections.

5. The learned Single Judge has relied upon the judgment of

the Division Bench and passed the impugned order and even the

learned Special Government Pleader acceded to the position of law

as existing thereunder.

https://www.mhc.tn.gov.in/judis W.A.No.278 of 2021

6. In the light of the above, no case for interference is made

out. Accordingly, the writ appeal as such is disposed of. There will be

no order as to costs.

                                                             (S.V.G., CJ.)            (P.D.A., J.)
                                                                                     06.06.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl/drm

https://www.mhc.tn.gov.in/judis W.A.No.278 of 2021

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl/drm)

W.A.No.278 of 2021

06.06.2023

https://www.mhc.tn.gov.in/judis