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Madras High Court

Best Corporation (P) Ltd vs State Of Tamil Nadu Represented By on 2 February, 2026

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                      W.P(MD) No.21671 of 2017


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 Date : 02.02.2026

                                                        CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                              AND
                             THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                        W.P(MD) No.21671 of 2017
                                                   &
                                   W.M.P.(MD)Nos.176966 to 17968 of 2017

                     Best Corporation (P) Ltd.,
                     Wind Energy Generator HTSC No.1340,
                     S.F.No.27/1,2,
                     Irukkandurai Village,
                     Radhapuram Taluk,
                     Tirunelveli District,
                     Represented by its Manager,
                     P.Muthu Krishnan                                                     ... Petitioner


                                                             Vs.

                     1.State of Tamil Nadu represented by
                       The Secretary to Government,
                       Energy Department,
                       Fort St.George,
                       Chennai-600 009.

                     2.Director of Electricity Tax /
                       The Chief Electrical Inspector to Government,
                       Thiru.Vi.Ka Industrial Estate,
                       Guindy, Chennai-600 032.



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                                                                                             W.P(MD) No.21671 of 2017


                     3.The Electrical Tax Inspecting Officer and
                        Electrical Inspector,
                       No.7-B, 'C' Colony,
                       Perumalpuram,
                       Tirunelveli-7.                                                       ... Respondents


                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Delcaration, to declare
                     Section 2(5) of Tamil Nadu Tax on Consumption or Sale of Electricity
                     Act, 2003, is inconsistent with the provisions of Electricity Act, 2003 and
                     thereby, it is repugnant as per Article 254 of the Constitution of India and
                     there is no authority available for the respondents to collect tax on the
                     captive consumption of the electricity from the petitioner's own wind
                     mills as per Tamil Nadu Tax on Consumption or Sale of Electricity Act,
                     2003..


                                       For Petitioner         : Mr.RM.Loganathan
                                                               for Mr.R.S.Pandiyaraj

                                       For Respondents : Mr.S.S.Madhavan
                                                        Additional Government Pleader



                                                              ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) The learned counsel for the petitioner seeks leave to withdraw the petition.

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2. In view of the above, the writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S., J.) (R.K.M., J.) 02.02.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To

1.The Secretary to Government, Energy Department, Fort St.George, Chennai-600 009.

2.Director of Electricity Tax / The Chief Electrical Inspector to Government, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai-600 032.

3.The Electrical Tax Inspecting Officer and Electrical Inspector, No.7-B, 'C' Colony, Perumalpuram, Tirunelveli-7.

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AND R.KALAIMATHI, J.

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