MIDHUNAM SPINNERS PVT LTD Vs. SUPERINTENDING ENGINEER, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents 1 & 2.

(2.) The Petitioner is a defunct Spinning Mill which has sold its Unit to the 2nd respondent. While so, the 1st respondent has caused demand notice dated 30.04.2019 to the petitioner to pay Rs.89,31,237/- towards Tariff concession charges, self generation tax, BPSC etc., after deducting the security deposit and meter caution deposit.

(3.) The contention in this Writ Petition is whether the petitioner is liable to pay the Traffic Concession Charges and Belated Payment Surcharge (BPSC), as demanded in the impugned notice. The petitioner claims that, the petitioner applied for HTSC on 02.06.1995 and the 1st respondent sanctioned the same on 20.02.1996. The Earnest Money deposit was made on 04.03.1996. The 1st respondent effected power supply on 20.10.1997. The 1st respondent gave Traffic Concession for High Tension Industrial Consumers for those they effected supply prior to 14.02.1997. When the traffic concession was not extended to the petitioner and similarly placed Industries due to the delay on the part of the respondent, writ petitions were filed.