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2002 Supreme(Mad) 433

B.SUBHASHAN REDDY, V.KANAGARAJ
Voice Consumer Care Council Chennai – Appellant
Versus
State of T. N. – Respondent


Advocates:
Sriram panchu, Sr. Counsel, for M/s. T. Mohan and K. M. Vijayan, Sr. Counsel, for M/s. La Law, for Petitioners; Vasudevan and K. S. Natarajan, for Respondents.

Judgement

B. SUBHASHAN REDDY, C.J. :- At issue, is the constitutionality of revision of power tariff by the State of Tamil Nadu. Tamil Nadu Electricity Board prepares budget estimates every year and they are placed before the State Legislature. For the year 2001-2002 too, such Budget estimate was prepared and was placed before the State Legislature. The revenue gap, after compiling, between the receipts and expenditure, was arrived at Rs. 2,747.59 crores. Responding to the same, the Government had issued G.O.Ms. No. 95, dated 28-11-2001 revising power tariff but on representation being made, the escalation in power tariff was slightly reduced by later G.O.Ms. No. 96, dated 5-1-2001, making the said modification applicable only to domestic consumers. G.O.Ms. No. 95 became effective from 1-12-2001 as modified by G.O.Ms. No. 96. The above three writ petitions are pro bono publico. First in order W.P. No. 23807 of 2001 followed by W.P. Nos. 25219 and 25220 of 2001. While the power to enhance the power tariff is in question in W.P. Nos. 23807 and 25219 of 2001, the relief sought for in W.P. No. 25220 of 2001 is quite different, as, in the said writ petition, a mandamus is sought for to d















































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