Madras High Court
M/S.Aruna Alloy Steels (P) Ltd vs The State Of Tamil Nadu on 2 August, 2022
W.P.Nos.32157 to 32159 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.32157 to 32159 of 2017
and
W.M.P.Nos.35324 & 35329 of 2017
M/s.Aruna Alloy Steels (P) Ltd.,
HTSC No.185,
Narasingampatty, Melur Road,
Madurai – 625 112.
Rep. By its Deputy General Manager,
Mr.V.Kannan .. Petitioner in W.P.No.32157 of 2017
M/s.Aruna Alloy Steels (P) Ltd.,
HTSC No.120,
Super B3 & B6, Industrial Estate, K.Pudur,
Madurai – 625107
Rep. By its Deputy General Manager
Mr.V.Kannan ..Petitioner in W.P.No.32158 of 2017
M/s.Aruna Alloy Steels (P) Ltd.,
HTSC No.114,
C.No.3/1, Melur Road, Ulaganeri Village,
Madurai – 625007
Rep. By its Deputy General Manager,
Mr.V.Kannan ..Petitioner in W.P.No.32159 of 2017
Vs.
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W.P.Nos.32157 to 32159 of 2017
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 Ltd.,
Madurai Electricity Distribution Circle,
Madurai. .. Respondents in all WPs
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of
India seeking issuance of 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.185, H.T.SC.No.120 &
H.T.SC.No.114, 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 in all WPs : Mr.S.P.Parthasarathy
For Respondents in all WPs : Mr.K.Suresh
Government Advocate for R1
Mr.M.Abul Kalam
Standing Counsel for R2 & R3
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W.P.Nos.32157 to 32159 of 2017
COMMON ORDER
The prayer in the Writ Petition reads as follows:
“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.492 and H.T. SC. No.405 respectively 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.”
2. It is not in dispute that the right of the respondents to demand
and collect tax on the maximum demand charges has been affirmed by this
Court earlier and the same is under challenge before the Hon’ble Supreme
Court. The Hon’ble Supreme Court had passed interim orders restraining the
Board from taking coercive steps for non-payment of tax on demand charges.
A Division Bench of this Court had also passed orders stating that the
ultimate fate of the cases would depend on the judgment of the Hon’ble
Supreme Court and the benefit of the interim order would enure to the benefit
of the consumers till then.
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W.P.Nos.32157 to 32159 of 2017
3. In view of the same, these Writ Petitions are disposed of with
the observation that the benefit of the interim orders of the Hon’ble Supreme
Court would enure to the petitioners also and the parties will abide by the
decision of the Hon’ble Supreme Court in the pending Appeals before it. It is
made clear that the petitioners shall pay the other charges. No costs.
Consequently, connected miscellaneous petitions are closed.
02.08.2022
kkn
Index:No
Internet:Yes
Speaking
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W.P.Nos.32157 to 32159 of 2017
To:-
1.The Secretary to Government,
Government 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.,
Madurai Electricity Distribution Circle,
Madurai.
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W.P.Nos.32157 to 32159 of 2017
R.SUBRAMANIAN, J.
KKN
W.P.No.32157 to 32159 of 2017
and
W.M.P.Nos.35324 & 35329 of 2017
02.08.2022
https://www.mhc.tn.gov.in/judis
