Madras High Court
Vksm Cotton Mills Ltd vs Tamil Nadu Electricity ... on 3 January, 2022
W.P.No.25890 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No. 25890 of 2014
and
M.P.No.1 of 2014
VKSM Cotton Mills Ltd.,
HT SC No.229,
2/2, Pappampatti Post,
Nadupalayam, Peedampalli Post,
Coimbatore – 641 016
Repd by its Authorised Signatory R.Rajendran ...Petitioner
Vs.
1. Tamil Nadu Electricity Regulatory
Commission repd. By its Secretary,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road)
Egmore, Chennai – 600 008.
2. The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
3. Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
4. The Chief Financial Controller,
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.25890 of 2014
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai,
Chennai 600 002.
5. The Superintending Engineer,
TANGEDCO,
Coimbatore (Metro) Electricity Distribution Circle,
Coimbatore 641 012
6. The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet. ...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, forbearing the respondent and their
men, agents from collecting current consumption charges, demand charges
and /or any arrears from the petitioner until the respondent makes payment
of the outstanding dues of Rs.28,24,150/- along with interest at the rate 1%
from due date of the respective bills pertaining to the years 2011-12 and
2012-2013 or give adjustment in the current consumption charges payable
by the petitioner till the entire amount is adjusted.
For Petitioner : Mr.S.P.Parthasarathy
For Respondents :Mr.L.Jaivenkatesh
For TANGEDCO [For R2 to R4]
No appearance -R1
Mr.M.Abdul Kalam
For TANGEDCO [For R5 and R6]
ORDER
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W.P.No.25890 of 2014
The relief sought for in the present writ petition is to forbear the
respondent and their men, agents from collecting current consumption
charges, demand charges and /or any arrears from the petitioner until the
respondent makes payment of the outstanding dues of Rs.28,24,150/- along
with interest at the rate 1% from due date of the respective bills pertaining to
the years 2011-12 and 2012-2013 or give adjustment in the current
consumption charges payable by the petitioner till the entire amount is
adjusted.
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 petitioner paying all the charges/dues except the tax
calculated on the basis of maximum demand.
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 relevant
portions in the order are extracted hereunder :-
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W.P.No.25890 of 2014
“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 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 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
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W.P.No.25890 of 2014
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.”
4. The above order will also enure to the benefit of the petitioner. In
view of the same, the present 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. However, there shall be no order as to costs. Consequently,
connected miscellaneous petition is closed.
03.01.2022
Internet:Yes
Index : Yes
Speaking order:Yes
nti/kak
To
1. The Secretary,
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W.P.No.25890 of 2014
Tamil Nadu Electricity Regulatory Commission,
19-A, Rukmini Lakshmipathy Salai,
(Marshall's Road)
Egmore, Chennai – 600 008.
2. The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
3. The Director Finance,
Tamil Nadu Generation and Distribution
Corporation Limited, 144, Anna Salai,
Chennai 600 002.
4. The Chief Financial Controller,
Tamil Nadu Generation and Distribution
Corporation Limited,
144, Anna Salai,
Chennai 600 002.
5. The Superintending Engineer,
TANGEDCO,
Coimbatore (Metro) Electricity Distribution Circle,
Coimbatore 641 012
6. The Superintending Engineer,
TANGEDCO,
Udumalpet Electricity Distribution Circle,
Udumalpet.
https://www.mhc.tn.gov.in/judis
W.P.No.25890 of 2014
S.M.SUBRAMANIAM, J.
nti/kak
W.P.No. 25890 of 2014
03.01.2022
https://www.mhc.tn.gov.in/judis
