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2023 Supreme(Mad) 559

S. M. SUBRAMANIAM
Ashok Leyland Limited, Represented by its Chief Financial Officer P. K. Ranganathan Chennai – Appellant
Versus
Secretary, Ministry for Energy Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:M.S. Murali, M/s. R & P Partners, Advocates. For the Respondent: T. Arunkumar, Additional Government Pleader. R2 & R3, P. Wilson, Senior Counsel, L. Jai Venkatesh, Standing Counsel for TANGEDCO.

JUDGMENT

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writs of Certiorari, calling for the records pertaining to the order of the third respondent in issuing the impugned demand notice in LR.Nos.SE/CEDC/N/DFC/N/AAO/HT/F Court Arc Furnace/D 2558 and SE/CEDC/N/DFC/N/AAO/HT/F Court Arc Furnace/D 2557 dated 10.02.2017.)

Common Order:

1. The writ petitions are filed challenging the order dated 10.02.2017 issued by the Superintending Engineer fixing the liability on the petitioner to pay an extra charge, is under challenge in these writ petitions.

2. The petitioner is a Company in respect of extra levy on energy charges. On earlier occasion, the petitioner filed WP No.2961 of 2002 challenging the levy of 25% extra charges on industries having Arc Furnaces based on G.O.Ms.No.95, dated 28.11.2001. Clause (e) to the said Government Order states as follows:-

    “High Tension Industries under Tariff I-A having Arc Furnaces, the consumption of electrical energy will be charged at 25 per cent extra to that of High Tension Tariff I-A.”

3. The petitioner-Company has filed the said writ petition on several grounds in respect of levy of 25% extra

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