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2006 Supreme(Mad) 3066

A.P.SHAH, K.CHANDRU
BMF Beltings Limited – Appellant
Versus
The Chairman Tamil Nadu Electricity Board & Others – Respondent


Appearing Advocates:For the Petitioner:Palani Selvaraj, Advocate. For the Respondent: P.S. Raman, SC for R. Subbiah, Spl. G.P.

Judgment :-

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Declaration for the reasons as stated therein.)

Common Order:

K. Chandru, J.

W.P.No.26675 of 2004 is taken up as a representative case so as to set out the facts of the issues involved in the entire batch of cases listed before us. The prayer in all the writ petitions is almost identical and the relief claimed in this writ petition is extracted below:

"Petition to issue a writ of Declaration declaring that the levy, demand and collection of peak hour charges by the respondents at 0.70 paise extra (20% extra) from the petitioner on the total consumption of electricity in their industries/Mills/Factories without fixing a meter or programme the existing meter in their wind mills for taking in to consideration to set off the electricity generated or produced through their wind mills against consumption during the peak hour as unconstitutional, illegal and null and void and direct the respondents to refund to the petitioner the total amount collected illegally as peak hour charges from the petitioner for their own generated electricity through Wind Mills during peak hours till

























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