Madras High Court
M/S.Lucky Weavess India P Ltd vs The State Of Tamil Nadu on 25 August, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.08.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.Nos.9010, 17139, 17149, 17154,
17559 of 2020 & WP No. 31689 of 2016, 23938 of 2017, 24343
of 2017, 32238 of 2017, 33831 of 2017, 33832 of 2017, WP
No.13939 of 2020 and WP No.13942 of 2020
and WMP Nos.10954, 21197, 21198, 21199, 21203, 21207,
21209, 21765, 21766 of 2020 and WMP Nos.27496, 27497 of
2016 and WMP Nos.25213, 25214, 25757, 25758, 35503, 35504,
37497, 37498, 37499, 37500
of 2017 and 17317, 17318, 17323, 17324 of 2020
M/s.Lucky Weavess India P Ltd.,
HTSC No.415, No.74, ICT Goundampalayam,
Thiruchengode, Namakkal 638 008
Rep by its Authorised Signatory P.Wiswanathan
.. Petitioner
Vs
1. The State of Tamil Nadu,
Rep by its Secretary to Government,
Energy Department,
Fort St. George,
Chennai 600 009
2. The Chairman and Managing Director,
TANGEDCO Ltd.,
144 Anna Salai, Chennai 600 002.
https://www.mhc.tn.gov.in/judis/
2
3. The Superintending Engineer
TANGEDCO, Mettur Electricity Distribution Circle,
Mettur ... Respondents
Prayer .: Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of Mandamus forbearing the
2nd and 3rd Respondents from demanding and collecting the tax on
maximum demand charges from the petitioner in H.T.Sc.No.415 as
per the orders of the Honble Supreme Court of India New Delhi on
31.08.2012 in SLP (C) No.24993 of 2012 and 25522 of 2012 etc.
Batch in M/s.Sri Krishna Alloys And Etc. Vs.Union of India and
others.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.A.Selvendran
Government counsel for
R1
Mr.M.Abdul Kalam
Standing counsel for R2 & R3
ORDER
All these writ petitions have been filed for the issue of
writ of Mandamus forbearing the respondents 2 and 3 from
demanding and collecting tax on maximum demand charges from
https://www.mhc.tn.gov.in/judis/
the petitioners.
2. It is brought to the notice of this Court that a batch of
Special Leave petitions are pending before the Hon'ble Supreme
Court and the Hon'ble Supreme Court has passed an interim order
dated 31.08.2012, restraining the respondents from taking any co-
hersive steps for disconnecting supply of electricity subject to the
petitioners paying all the charges/dues except the tax calculated
on the basis of maximum demand.
3. This Court had an occasion to deal with a similar issue in
WP No.19104 of 2020 and final orders were passed on 17.02.2021.
The relevant portions in the order are extracted hereunder :-
5. Mr.N.Damodaran, learned Standing Counsel, who
took notice on behalf of the respondents would submit that
by following the orders of the Hon'ble Supreme Court, a
Division Bench of this Court has disposed of issue on the
https://www.mhc.tn.gov.in/judis/
following terms:-
“In view of the issue raised in the present writ appeal /
writ petition being settled against the appellant / petitioner in
terms of the Division Bench judgment in W.P.Nos. 159 of
2008 etc.(Batch) decided on 15.06.2012 and thereafter, the
Hon'ble Supreme Court having entertained the Special
Leave Appeals against the said judgment bearing Special
Leave Appeal (Civil) Nos. 24685 to 24719 of 2012 dated
31.08.2012, with an interim direction restraining the
respondent from taking any coercive steps for disconnecting
the supply of electricity to the premises of the petitioner
therein, subject to that petitioner paying all the charges /
dues except tax calculated on the basis of maximum demand,
it is agreed that the present writ appeal and writ petition be
disposed of in terms aforesaid, with the agreement that the
ultimate fate of the matter before the Hon'ble Supreme
Court would also govern the present appellant and the writ
petitioner and the same interim order would continue to
enure for the benefit of the writ appeal and writ petitioner
during the pendency of the Special Leave Appeals.
2. Writ Appeal and Writ Petition, accordingly, stand
disposed of. No costs. Consequently, W.A.M.P.No. 969 of
2004 stands closed.”
6. On the issue of collecting tax on maximum demand
https://www.mhc.tn.gov.in/judis/
charges from the petitioner in the High Tension Service
Connection, the Hon'ble Supreme Court and a Division
Bench of this Court has already issued a direction,
restraining the respondents from taking any coercive steps
for disconnecting supply of electricity to the premises of the
petitioner subject to the petitioner paying all the charges /
dues except tax calculated on the basis of maximum demand.
4. The above order will also enure to the benefit of
the petitioners. In view of the same, all these writ petitions are
disposed of in terms of the interim order passed by the Hon'ble
Supreme Court and the subsequent Hon'ble Division Bench order
passed in W.A No.547 of 2004 dated 02.06.2015. No costs.
Consequently, the connected miscellaneous petitions are closed.
25.08.2021
rka
Index : Yes /No
Internet :Yes /No
To
https://www.mhc.tn.gov.in/judis/
1. The State of Tamil Nadu,
Rep by its Secretary to Government,
Energy Department,
Fort St. George,
Chennai 600 009
2. The Chairman and Managing Director,
TANGEDCO Ltd.,
144 Anna Salai, Chennai 600 002.
3. The Superintending Engineer
TANGEDCO, Mettur Electricity Distribution Circle,
Mettur
N.ANAND VENKATESH.,J
rka
https://www.mhc.tn.gov.in/judis/
W.P.No.9010 of 2020
25.08.2021
https://www.mhc.tn.gov.in/judis/
