Madras High Court
M/S.Thirupathy Bright ... vs The State Of Tamil Nadu on 12 April, 2023
W.P.Nos.4301 and 4309 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.4301 and 4309 of 2020
And
W.M.P.Nos.5094, 5096, 5104 and 5106 of 2020
M/s.Thirupathy Bright Industries
Repd. by its Managing Partner
Aswin Bansal ... Petitioner in W.P.4301/2020
M/s.Vedha Spinning Mills Pvt. Ltd Unit II,
Repd. by its Authorised Signature
M.Velumani ... Petitioner in W.P.4309/2020
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. ... Respondents in both the W.Ps.
3.The Superintending Engineer,
TANGEDCO,
Chennai North Electricity Distribution Circle,
Chennai. ... Respondent in W.P.4301/2020
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W.P.Nos.4301 and 4309 of 2020
3.The Superintending Engineer,
TANGEDCO,
Dindigul Electricity Distribution Circle,
Dindigul. ... Respondent in W.P.4309/2020
Common Prayer:
Petitions 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.980, 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 Petitioners : Mr.R.S.Pandiyaraj
For Respondents : Mr.U.Baranidharan for R1
Additional Government Pleader
Mr.S.Madusoodanan for R3
COMMON ORDER
The petitioners have filed these writ petitions seeking
issuance of Writ of Mandamus forbearing the respondents 2 and 3,
from demanding and collecting tax on maximum demand charges
from the petitioners in H.T.Sc.No.980, as per the orders of the
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W.P.Nos.4301 and 4309 of 2020
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.
2.Since the issue involved in these writ petitions are one and
the same, they are heard together and disposed of by way of a
common order.
3.When the matter is taken up for hearing, the learned counsel
appearing for the petitioners submitted that, the issue involved in the
present writ petitions 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
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W.P.Nos.4301 and 4309 of 2020
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 Leave Appeals.”
4. As the said interim order passed by the Hon'ble Apex Court
governs the writ petitioners herein, the above writ petitions are
disposed of in terms of the said order passed by the Apex Court. No
costs. Consequently, the connected miscellaneous petitions are
closed.
12.04.2023
pri
Speaking Order/ Non Speaking Order
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W.P.Nos.4301 and 4309 of 2020
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,
Chennai North Electricity Distribution Circle,
Chennai.
4.The Superintending Engineer,
TANGEDCO,
Dindigul Electricity Distribution Circle,
Dindigul.
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W.P.Nos.4301 and 4309 of 2020
M.DHANDAPANI,J.
pri
W.P.Nos.4301 and
4309 of 2020
And
W.M.P.Nos.5094, 5096, 5104
and 5106 of 2020
https://www.mhc.tn.gov.in/judis
W.P.Nos.4301 and 4309 of 2020
12.04.2023
https://www.mhc.tn.gov.in/judis
