MADRAS CEMENTS LTD Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this group of writ petitions, the petitioners have approached this Court having identical grievance on the letter of the 2nd respondent-Electricity Board, informing the petitioners that the 1st respondent-Government have clarified the expression'set up', as it means'date of service connection'. Some of the petitioners have also challenged the validity of G. O. Ms. 17, Energy dated 14. 2. 1997 under which the concession granted in G. O. Ms. No. 29 Energy, A-2 dated 31. 1. 1995 had been withdrawn. It is also brought to my notice that some of the petitioners who filed writ petitions aggrieved by the said letter of the 2nd respondent referred to above, have filed petitions to amend the prayer, to set aside the said G. O. Ms. No. 17 energy, A-2 dated 14. 2. 1997.

(2.) THE petitioners have come forward with the plea that pursuant to the issuance of G. O. Ms. No. 29 Energy (A-2) dated 31. 1. 1995, they have started 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. 2. 1997 which resulted in refusal by the respondents in extending infancy benefit made available as a tariff concession by the Government, in Government Order dated 31. 1. 1995. This had happened due to the clarification of the 1st respondent with respect to the term'set up', as the petitioners did obtain H. T. Service connection on or after 15. 2. 1997.

(3.) BEFORE proceeding with the factual aspect, whether the petitioners have started to put up their industry on the basis of the tariff concession provided in G. O. Ms. No. 29, Energy, dated 31. 3. 1995 and thereby altered their position, I incline to decide first the necessity and correctness of the interpretation given by the Government and the Electricity Board with respect to the expression'set up'for the purpose of giving effect to the Government orders dated 31. 1. 1995 and 14. 2. 1997.