Madras High Court
M/S.Swami Chiecks Pvt. Ltd vs /6 on 16 October, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.39132 of 2025 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos. 39132, 39136 & 39138 of 2025
and
W.M.P.No. 43917, 43924 & 43928 of 2025
M/s.Swami Chiecks Pvt. Ltd.,
HTSC No.039094390207,
S.F.No.205-1B, Nathappalayam,
Peramiyam Road, Mulanur,
Tirupur – 638 106
Rep. By its Authorized Signatory, Pradeep
..Petitioner in W.P.No.39132 of 2025
M/s.G.T.Process,
S.F.No.192/1,2,3,4, Pachankattupalayam,
Arulpuram Post, Tirupur – 641605
Rep. By its Director, Pradeep
..Petitioner in W.P.No.39136 of 2025
M/s.PKM Swami Hatchery Pvt. Ltd.,
HTSC No.039094390213
Reg. Office 6/67-A Nathappalayam,
Mulanur viz, Dharapuram Taluk,
Tirupur – 638106
Rep. By its Authorized Signatory, Pradeep
..Petitioner in W.P.No.39138 of 2025
Vs.
1/6
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W.P.Nos.39132 of 2025 etc.
1.The State of Tamil Nadu,
Rep. By its Secretary to Government,
Energy Department, Fort St.George,
Chennai – 600 009.
2.Tamil Nadu Power Distribution
Corporation Limited (TNPDCL),
Rep. By its Chairman,
NPKRR Maaligai, 144, Anna Salai,
Chennai – 600 002. ... Respondents 1 & 2 in all petitions
3.The Superintending Engineer,
Palladam Electricity Distribution Circle,
Tamil Nadu Power Distribution
Corporation Limited (TNPDCL),
Palladam.
...3rd Respondent in W.P.No.39132 & 39138 of 2025
3.The Superintending Engineer,
Tiruppur Electricity Distribution Circle,
Tamil Nadu Power Distribution
Corporation Limited (TNPDCL),
Tiruppur. ...3rd respondent in W.P.No.39136/2025
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 petitioners in H.T.Sc.No.039094390207, H.T.Sc.No.039094380546 and
H.T.Sc.No.039094390213 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.
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W.P.Nos.39132 of 2025 etc.
For Petitioner
in all petitions : Mr.M.Saravanakar
For Respondents : Mr.P.Ganesan
in all petitions Additional Government Pleader for R1
Mr.L.Jaivenkatesh for R2 & R3
COMMON ORDER
These Writ Petitions are filed seeking a direction to forbear the 2 nd and 3rd
Respondents from demanding and collecting the Tax on maximum demand
charges from the petitioners in H.T.Sc.No.039094390207,
H.T.Sc.No.039094380546 and H.T.Sc.No.039094390213 as per the orders of the
Honourable Supreme Court of India, New Delhi on 31.8.2012 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. When the matter is taken up for hearing, learned counsel 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:
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W.P.Nos.39132 of 2025 etc.
“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 Leave Appeals.”
3. As the said interim order passed by this Court governs the Writ
Petitioners herein, the above Writ Petitions are disposed of in terms of the said
order passed by this Court. No costs. Consequently, connected miscellaneous
petitions are closed.
16.10.2025
Index: Yes/No
Speaking (or) Non Speaking Order
Neutral Citation: Yes/No
kkn
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W.P.Nos.39132 of 2025 etc.
To
1.The Secretary to Government,
State of Tamil Nadu,
Energy Department, Fort St.George,
Chennai – 600 009.
2.Tamil Nadu Power Distribution
Corporation Limited (TNPDCL),
Rep. By its Chairman,
NPKRR Maaligai, 144, Anna Salai,
Chennai – 600 002.
3.The Superintending Engineer,
Palladam Electricity Distribution Circle,
Tamil Nadu Power Distribution
Corporation Limited (TNPDCL),
Palladam.
4.The Superintending Engineer,
Tiruppur Electricity Distribution Circle,
Tamil Nadu Power Distribution
Corporation Limited (TNPDCL),
Tiruppur.
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W.P.Nos.39132 of 2025 etc.
M.DHANDAPANI, J.
KKN
W.P.Nos. 39132, 39136 & 39138 of 2025
16.10.2025
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