IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 8.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.1781 and 4698 of 2010 and M.P.Nos.1 and 2 of 2010 in W.P.No.1781 of 2010 and M.P.No.1 of 2010 in W.P.No.4698 of 2010 W.P.No.1781 of 2010:- M/s.Goyal Ispat Ltd., H.T.Sc.No.187, 23, Pandalam Sugar Mill Road, Palayanur Post 603 308, Madurantakam Taluk, Kancheepuram District. Represented by its Director, Vinod Kothari ... Petitioner -Vs.- 1.Tamil Nadu Electricity Regulatory Commission, represented by its Secretary, 19-A Rukmani Laksmipathy Salai, (Marshall's Road,), Egmore, Chennai-600 008. 2.The Chairman,, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chengalpattu Electricity Distribution Circle, Tamil Nadu Electricity Board, Chengalpattu. ... Respondents W.P.No.4698 of 2010:- M/s.Tower Steel India Ltd., H.T.Sc.No.121, SIDCO Industrial Estate, https://hcservices.ecourts.gov.in/hcservices/ Kappalur, Madurai 625 006, Represented by its Business Executive, Tmt.Malathy. .. . Petitioner -Vs.- 1.The State of Tamil Nadu, represented by its Secretary to Government, Energy Department, Fort St. George, Chennai-600 009. 2.The Tamil Nadu Electricity Board, Represented by its Chairman, 800 Anna Salai, Chennai-600 002. ... Respondents Writ Petition No.1781 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Lr.No.SE/CEDC/CGL/AEE/Gen/CHD/F.R.&CD434/09 dated 24.12.2009 and quash the same as illegal, arbitrary and without authority of law and consequently direct the third respondent to permit the petitioner industry in H.T.Sc.No.187 to avail the optimum demand of 1050 K.V.A. as allowed in letter dated 19.6.2009. Writ Petition No.4698 of 2010 is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring the Tamil Nadu Tax on Consumption or Sale of Electricity Amendment Act 2007 (Tamil Nadu Act 38 of 2007) as ultra vires, illegal and invalid as it had not erased or cured the defects pointed out by the Supreme Court in so far as the petitioner is concerned. For petitioner in both W.Ps. : Mr.K.Seshadri For respondents in W.P.No.1781 of 2010 : Mr.J.Ravindran For respondents in W.P.No.4698 of 2010 : Mr.A.Selvendran https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER Writ Petition No.1781 of 2010 is filed to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Lr.No.SE/CEDC/CGL/AEE/Gen/CHD/F.R.&CD434/09 dated 24.12.2009 and quash the same as illegal, arbitrary and without authority of law and consequently direct the third respondent to permit the petitioner industry in H.T.Sc.No.187 to avail the optimum demand of 1050 K.V.A. as allowed in letter dated 19.6.2009. 2. Writ Petition No.4698 of 2010 is filed to issue a Writ of Declaration declaring the Tamil Nadu Tax on Consumption or Sale of Electricity Amendment Act 2007 (Tamil Nadu Act 38 of 2007) as ultra vires, illegal and invalid as it had not erased or cured the defects pointed out by the Supreme Court in so far as the petitioner is concerned. 3. The relief sought for in both the writ petitions is with regard to cancellation of optimum demand sanctioned earlier. The main grievance of the petitioner is that the Board has earlier sanctioned all the facilities of optimum demand, which was cancelled and they seek to impose restriction during evening peak hours. 4. This issue was considered by this Court in W.P.No.22738 of 2009, etc., on 2.2.2010 and by consent and the matters were remanded to the Tamil Nadu Electricity Regulatory Commission, Chennai. In W.P.No.22738 of 2009, this Court passed the following orders:- "4. In view of such submission being made, on behalf of the parties concerned, the Registry is directed to transfer all the connected writ petitions, along with the relevant records, to the Tamil Nadu Electricity Regulatory Commission, Chennai, forthwith. On such transfer being made, the Tamil Nadu Electricity Regulatory Commission, Chennai, is directed to consider the issues raised in the writ petitions and to pass appropriate orders thereon, within a period of fifteen days thereafter on merits and in accordance with law, after giving an opportunity of hearing to the petitioners, as well as to the respondent Tamil Nadu Electricity Board. The petitioners shall cooperate in the proceedings to be conducted by the Tamil Nadu Electricity Regulatory Commission, Chennai. 5. The respondent Tamil Nadu Electricity Board undertakes to continue the Optimum Demand concept, in so far as the petitioners concerned, https://hcservices.ecourts.gov.in/hcservices/ till the Tamil Nadu Electricity Regulatory Commission, Chennai, passes appropriate orders, as directed by this Court, by this Order. 5. It is now stated by the learned counsel appearing on either side that as directed by this Court as above, many of the matters are before the Tamil Nadu Electricity Regulatory Commission, Chennai. Therefore, the present writ petitions can also be transferred to the Tamil Nadu Electricity Regulatory Commission, Chennai on the same terms. 6. In such view of the matter, both the Writ Petitions are ordered on the terms and conditions as ordered by this Court on 2.2.2010 in W.P.No.22738 of 2009. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Secretary, Tamil Nadu Electricity Regulatory Commission, 19-A Rukmani Laksmipathy Salai, (Marshall's Road,), Egmore, Chennai-600 008. 2.The Chairman,, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002. 3.The Superintending Engineer, Chengalpattu Electricity Distribution Circle, Tamil Nadu Electricity Board, Chengalpattu. 1 cc To Mr.K.Seshadri, Advocate, SR.15405 1 cc To Mr.A.Selvendran , Advocate, SR.15522 W.P.No.1781 and 4698 of 2010 sp(co)pmk.8.3.2010 https://hcservices.ecourts.gov.in/hcservices/