ORDER

This Writ Petition has been filed, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in his impugned demand notice dated 08.08.2016 bearing Lr.No. SE/NEDC/NKL/DFC/HT/AS/ Asst/F:HT 159/2016 and quash the same as illegal, arbitrary, without the authority of law and consequently direct the respondents to grant the tariff concession to the petitioner industry by following the procedure laid down by the Hon'ble Supreme Court in its Judgment dated 16.05.2008 passed in Civil Appeal No.3940 of 2008.

2. The petitioner has come forward with the plea that in pursuance to the issuance of G.O. Ms. No. 29 Energy (A2) Department dated 31.01.1995 they were enthused to establish the industry, with a view to get tariff concession as mentioned therein and ultimately they have set up the industry, but due to some reason or other giving power connection was delayed beyond 14.02.1997, which resulted in refusal by the respondents in extending infancy benefit made available as tariff concession as ordered by the Government, in G.O.Ms.No.29 Energy (A2) Department dated 31.01.1995.

3. The Learned Counsel for the petitioner would submit that the petitioner has set up an industry, (i.e.), a Spinning Mill with a capital investment of around Rs.1.5 Crores and made an application 13.03.1995 itself for a maximum demand of 500 KVA of supply of electrical energy under the category of "High Tension" which was also registered by the 4th respondent on 25.04.1995. The said application was kept pending for more than 10 months without assigning any reason by the respondents. Later, vide the communication dated 20.02.1996, the 3rd respondent sanctioned the demand of 500 KVA and pursuant to the same, the petitioner also paid EMD of Rs.1,50,000/- on 22.02.1996. Thereafter, the petitioner vide communication dated 11.03.1996, expressed its readiness to avail power after completion of civil works and having installed equipment at the site. While so, there was no response from the respondents despite the petitioner approaching them periodically and, in the meanwhile, the tariff concession Notification issued in G.O.Ms.No.29 dated 31.01.1995 was withdrawn by the Government vide G.O.Ms.No.17 dated

14.02.1997.

4. Later, vide letter dated 24.01.1997. the 4th respondent granted no objection certificate to install generator and start production activities. In such circumstances, since the respondents have delayed in sanctioning the power supply, the petitioner being left with no other option, started their industry on 26.01.1997 itself with the help of generators after conducting inaugural pooja. Thereafter, on 12.02.1997, CEIG Certificate was also issued for commissioning all the equipment and machineries and thereby, actual commercial production started from 13.02.1997 onwards. However, the petitioner continuously approached the respondents for grant of power supply, which ultimately happened on 07.06.1997 and the respondents provided the power supply.

5. Therefore, according to the petitioner, the petitioner had already set up the industry well prior to 14.02.1997, having invested substantial sum and erected imported machineries in the year 1996 itself and also expressed its readiness, even on 11.03.1996 itself and as such, the petitioner is entitled to receive the Tariff concession. The Learned Counsel also relied upon the judgment of the Hon'ble Supreme Court dated 16.05.2008 in Civil Appeal Nos.3940 to 4084 of 2008.

6. On the other hand, the Learned Standing Counsel appearing for the respondents would submit that though the petitioner confirmed their readiness in their letter dated 11.03.1996 and also that they received CEIG Certificate issued by the Electrical Inspector, Coimbatore on 12.12.1997 and that they were ready to avail supply, the benefit of G.O.Ms.No.29 dated 31.10.1995 has been seized of by the reason of its withdrawal by the Government and as such, the High Tension Industry set up on or after 15.02.1997 is not