Madras High Court
Jayavelu Spinning Mills Pvt. Ltd vs The State Of Tamil Nadu on 1 December, 2021
W.P.No.21286 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.21286 of 2019
Jayavelu Spinning Mills Pvt. Ltd,
HTSC No.232,
Great Cotton Road, Mettilpatti Village,
Vilathikulam Taluk, Tuticorn District
rep.by its Director G.Ravi ... 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.
3.The Superintending Engineer,
TANGEDCO, Tuticorn Electricity Distribution Circle,
Tuticorn. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus Forbearing the 2nd and 3rd respondents from
demanding and collecting the tax maximum demand charges from the
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W.P.No.21286 of 2019
petitioner in H.T.Sc. No. 232 as per the orders of the Honble Supreme
Court of India New Delhi on 31.8.2012 in SLP (C) No. 24993 of 2012 and
25522 of 2012etc. Batch in M/s Sri Krishna Alloys and Etc. Vs. Union of
India and others etc.
For Petitioner : Mr.R.S.Pandiyaraj
For Respondents : Mr.Jaivenkateh
Government Advocate (TNEB)
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of
Mandamus forbearing the 2nd and 3rd respondents from demanding and
collecting the tax maximum demand charges from the petitioner in H.T.Sc.
No. 232, as per the orders of the Hon'ble Supreme Court of India New
Delhi on 31.8.2012 in SLP (C) No. 24993 of 2012 and 25522 of 2012etc.
Batch in M/s Sri Krishna Alloys and Etc. Vs. Union of India and others etc.
2. The issue raised in the present petition is being settled against the
petitioner in terms of the Division Bench Judgment in W.P.Nos.159 of 2008
and 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
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W.P.No.21286 of 2019
2012 dated 31.08.2012 with an interim direction restraining the respondents
therein 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 petition be disposed of in the terms
aforesaid, with the agreement that the ultimate fate of the matter before the
Hon'ble Supreme Court would also govern the present petitioner and the
same interim order would continue to enure for the benefit of the writ
petitioner during the pendency of the Special Leave Appeals.
3. Accordingly, this writ petition is disposed of. No costs.
01.12.2021
sk
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
https://www.mhc.tn.gov.in/judis
W.P.No.21286 of 2019
M.DHANDAPANI,J.
sk
To
1.The 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, Tuticorn Electricity Distribution Circle,
Tuticorn.
W.P.No.21286 of 2019
01.12.2021
https://www.mhc.tn.gov.in/judis
