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2005 Supreme(Mad) 1410

MARKANDEY KATJU, A.KULASEKARAN
Magna Electro Castings Ltd. – Appellant
Versus
The State of Tamil Nadu & Others – Respondent


Advocates Appeared: For The Appellant :Nalini Chidambaram Senior Counsel For M.Kamalanathan, R.S.Pandiyaraj, M.Md.Ibrahim Ali, S.Sivanandam, Hemalatha, T.S.Sivagnanam, S.Silambanan, Palani Selvaraj, S.N.Kirubanandam, K.Jayachandran, V.Sanjeevi, P.Jagadeesan, C.S.Krishnamurthy, V.Bharathidasan, G.Jermiah, S.Kamadevan, S.K.Nachimuthu, D.Navin Durai Babu, V.Ramajajadeesan and Mr.M.Mohammed Riyaz, Advocates. For The Respondents:R.Muthukumarasamy, Addl.Advocate General Assisted by G.Vasudevan and N.Srinivasan, Advocates.

Judgment :-

(Appeal filed under Clause 15 of the Letters Patent against the order passed in W.P.No. 1763 of 2003 dated 06.11.2003.)

Markandey Katju, C.J.

This batch of writ appeals and writ petitions involve common questions of fact and law and they are therefore disposed off by this common judgment.

2. The challenge in these cases is to the levy of peak hour charges at 20% etc per unit over and above the normal rate for consumption of electricity consumed by High Tension consumers during peak hours i.e. between 6.00 a.m. and 9.00 a.m. and 6.00 p.m. to 9.00 p.m.

3. The writ appeals have been filed against the impugned judgment of the learned single Judge of this Court dated 06.11.2003.

4. Heard learned counsel for the parties, and perused the record.

5. The petitioner in W.P.No. 1763 of 2003 (which we have treated as the leading case), namely, M/s.Magna Electro Castings Limited has prayed for a writ of declaration to quash clause ‘d ‘ of the High Tension Tariff I to the schedule of the Tamil Nadu Electricity Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 (hereinafter referred to as the ‘Tamil Nadu Act of 1978’) by which peak hour charges have been imposed as null and






































































































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