Madras High Court
M/S.Sl Lumax Ltd vs The State Of Tamil Nadu on 31 January, 2022
W.P.No.11004 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.11004 of 2020
And
W.M.P.Nos.13382 and 13384 of 2020
M/s.SL LUMAX Ltd.,
Represented by its Authorised Signatory
Mr.A.Kumar ... 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,
Chengalpattu Electricity Distribution Circle,
Chengalpattu. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus forbearing the second and third
respondents, from demanding and collecting the tax on maximum
1/6
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W.P.No.11004 of 2020
demand charges from the petitioner in H.T.Sc.No.099094110354, 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 and Etc. Vs. Union of India and others
etc.
For Petitioner : Mr.V.Veluchamy
For Respondents : Mr.L.Jai Venkatesh
ORDER
This writ petition has been filed for the issuance of Writ of
Mandamus forbearing the second and third respondents from
demanding and collecting tax on maximum demand charges from 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 coercive 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.
https://www.mhc.tn.gov.in/judis
W.P.No.11004 of 2020
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
WP Nos.13694 to 13696 of 2016 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 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 WP
Nos.13694 to 13696 of 2016 therein, subject
to that petitioner paying all the charges / dues
except tax calculated on the basis of
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W.P.No.11004 of 2020
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 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.”
https://www.mhc.tn.gov.in/judis
W.P.No.11004 of 2020
4. The above order will also enure to the benefit of the
petitioner. In view of the same, this writ petition is 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, connected
miscellaneous petitions are closed.
31.01.2022
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
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,
Chengalpattu Electricity Distribution Circle,
Chengalpattu.
https://www.mhc.tn.gov.in/judis
W.P.No.11004 of 2020
M.DHANDAPANI,J.
pri
W.P.No.11004 of 2020
And
W.M.P.Nos.13382 and 13384 of 2020
31.01.2022
https://www.mhc.tn.gov.in/judis
