Madras High Court
Arthanari Loom Centre Textile ... vs The State Of Tamil Nadu on 9 December, 2021
W.P.No.6329 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.12.2021
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.No. 6329 of 2017
and
W.M.P.Nos.6825, 6826 of 2017
Arthanari Loom Centre Textile Pvt.Ltd.,
HTSC No.190
No.78, Sababathi Street,
Kalarampatty,
Erumapalayam,
Salem 636 015.
Represented by its
Authorised Signatory J.Karthik
...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.
1
https://www.mhc.tn.gov.in/judis
W.P.No.6329 of 2017
3.The Superintending Engineer,
TANGEDCO,
Salem Electricity Distribution Circle,
Salem. ...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India,
praying to issue a Writ of Mandamus, to forbear the 2nd and 3rd respondents
from demanding and collecting the tax on maximum demand charges from
the petitioner in H.T.Sc.No.190, as per the orders of the Hon'ble 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 & Etc. Vs. Union of
India and others etc.
For Petitioner : Mr.R.S.Pandiyaraj
For R1 : Mr.M.Shahjahan
Special Government Pleader
ORDER
This writ petition has been filed, praying for the issuance of a Writ of
Mandamus, to forbear the 2nd and 3rd respondents from demanding and
collecting the tax on maximum demand charges from the petitioner in
H.T.Sc.Nos.492, 363, 279, 367, 64, 314 and 480 respectively, as per the
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W.P.No.6329 of 2017
orders of the Hon'ble 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 & Etc. Vs. Union of India and others etc.
2. This Court, by order dated 28.05.2021 in a batch of similar
Writ Petitions, viz., W.P.Nos.9010 of 2020 etc., has considered the claim of
the petitioners and granted the relief as sought for by the petitioners therein,
allowed the prayer of the petitioners. Further, the First Bench of this Court
had also considered the similar relief in W.A.No.547 of 2004, etc., and
passed the order dated 02.06.2015, which reads as follows:
“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 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 appeal and writ petition
be disposed of in terms aforesaid, with the agreement that the
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W.P.No.6329 of 2017
ultimate fate of the matter before the Hon'ble Supreme Court
would also govern the present appellant and writ petitioner and
the same interim order would continue to enure for the benefit of
the writ appellant and writ petitioner during the pendency of the
Special Leave Appeals.”
3. The learned counsel appearing for the petitioners would submit that
the Special Leave Appeals referred to in the above mentioned judgment of
the First Bench, are still pending before the Hon'ble Supreme Court and the
interim order already granted therein, is continued till date. Therefore, he
would submit that these writ petitions also may be disposed of on the same
lines of the order passed by the Hon'ble First Bench in W.A.No.547 of 2004.
4. In the light of the above, this Court is of the view that the above
order passed by the First Bench of this Court in W.A.No.547 of 2004 dated
02.06.2015, referred to above, will hold good in respect of the present Writ
Petitions also. Accordingly, these writ petitions stand disposed of on the
same lines. No costs. Consequently, connected miscellaneous petitions are
closed.
09.12.2021
Index : Yes/No.
Internet : Yes/No.
Speaking order/Non-Speaking Order
jd
https://www.mhc.tn.gov.in/judis
W.P.No.6329 of 2017
To
1.The Secretary to Government,
State of Tamil Nadu,
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 Ltd.,
Salem Electricity Distribution Circle,
Salem.
https://www.mhc.tn.gov.in/judis
W.P.No.6329 of 2017
KRISHNAN RAMASAMY.J.,
jd
W.P.No. 6329 of 2017
and
W.M.P.Nos.6825, 6826 of 2017
09.12.2021
https://www.mhc.tn.gov.in/judis
