IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2011
CORAM
THE HONOURABLE MR. JUSTICE VINOD K.SHARMA
W.P.No.11230 of 2002
Tamilnadu Jai Bharath Mills Ltd.,
Rep. by its Managing Director
Mr.T.R.Dhinakaran ... Petitioner
Vs.
1. The State of Tamilnadu,
Rep. by the Secretary to Government,
Public Works Department,
Chennai 600 009.
2. The State of Tamilnadu,
Rep. by the Secretary to Government,
Energy Department,
Fort St. George, Chennai 600 009.
3. The Tamil Nadu Electricity Board,
Rep. by its Chairman,
800, Anna Salai,
Chennai 600 002. ... Respondents
Writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Declaration declaring the Tamil Nadu Electricity (Taxation on consumption) Amendment Act 32 of 1991 as ultra vires to the Constitution of India, illegal and invalid unenforceable in so far as the petitioner concerned and to direct the third respondent to refund the entire amount collected from the petitioner under the head electricity tax.
For petitioner : Mr.N.Kannan
For respondents : Mr.P.Srinivas
****
O R D E R
The petitioner has challenged the constitutional validity of the Tamilnadu Electricity (Taxation on consumption) Amendment Act 32 of 1991, being ultra vires to Constitution of India.
2. It is not disputed the Constitutional validity of the Act under challenge, has been upheld by the Hon’ble Supreme Court in the case of Southern Petroleum Industries Corporation Vs. State of Tamilnadu (A.I.R. 2007 SC 1984).
3. In view of the decision rendered by the Hon’ble Supreme Court in respect of the Constitutional validity of the Tamilnadu Electricity (Taxation on consumption) Amendment Act 32 of 1991, this writ petition being without merit is ordered to be dismissed. No costs.
vaan
To
1. The Secretary to Government,
State of Tamilnadu,
Public Works Department, Chennai 600 009.
2. The Secretary to Government,
State of Tamilnadu,
Energy Department, Fort St. George, Chennai 600 009.
3. The Chairman,
Tamil Nadu Electricity Board,
800, Anna Salai,
Chennai 600 002