Madras High Court
M/S.L&P Somappa Comfort Systems ... vs The State Of Tamil Nadu on 13 December, 2021
W.P.No.30465 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.30465 of 2019
and
W.M.P.Nos.30488 & 30489 of 2019
M/s.L&P Somappa Comfort Systems India P Ltd.,
Presently known as Leggett & Platt Automotive India P Ltd.,
HTSC No.870,
P.No.41, Second Main Road,
Industrial Estate, Ambattur, Chennai
Represented by its Authorized Signatory,
N.Santhosh Kumar Patro ...Petitioner
Vs.
1. The State of Tamil Nadu,
Represented 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,
Chennai West Electricity Distribution Circle,
Chennai. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.30465 of 2019
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 on maximum demand charges from the petitioner in
H.T.Sc No.870, 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 Respondent R1 : M/s.C.Sangamithirai
Special Government Pleader
For Respondents R2 & R3 : Mr.L.Jaivenkatesh
Standing Counsel
ORDER
The petitioner has filed this writ petition seeking a direction to forbear
the 2nd and 3rd Respondents from demanding and collecting tax on maximum
demand charges from the Petitioner in H.T.Sc.No.870 as per the order dated
31.08.2012 passed by the Apex Court in S.L.P.(C) No.24993 of 2012 and
25522 of 2012, etc. batch in the case of M/s.Sri Krishna Alloys vs. Union of
India.
https://www.mhc.tn.gov.in/judis
W.P.No.30465 of 2019
2. When the matter is taken up for hearing, learned counsel for the
Petitioner submitted that, the issue involved in the present Writ Petition is
squarely covered by the order dated 25.07.2019 passed by this Court in
W.P.No.21902 of 2019. For better appreciation, relevant portion of the said
order is extracted hereunder:
“3. 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 (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 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
https://www.mhc.tn.gov.in/judis
W.P.No.30465 of 2019
Leave Appeals.”
3. As the said interim order passed by the Apex Court governs the
Writ Petitioner herein, the above Writ Petition is disposed of in terms of the
said order passed by the Apex Court. No costs. Consequently, connected
Miscellaneous Petitions are closed.
13.12.2021
skt
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
https://www.mhc.tn.gov.in/judis
W.P.No.30465 of 2019
To
1. The State of Tamil Nadu,
Represented 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,
Chennai West Electricity Distribution Circle,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.No.30465 of 2019
M.DHANDAPANI,J.
skt
W.P.No.30465 of 2019
and
W.M.P.Nos.30488 & 30489 of 2019
https://www.mhc.tn.gov.in/judis
W.P.No.30465 of 2019
13.12.2021
https://www.mhc.tn.gov.in/judis
