Madras High Court
Arthanari Loom Centre (Textile) Pvt. ... vs The State Of Tamil Nadu on 2 August, 2022
Author: R.Subramanian
Bench: R.Subramanian
W.P.Nos.6011 & 6012 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.Nos.6011 & 6012 of 2017
and
W.M.P.Nos.6435 to 6438 of 2017
Arthanari Loom Centre (Textile) Pvt. Ltd,
Unit II, HTSC No.329
4/144-A, Erumapalayam Main Road,
S.F.No.181/2A, Erumapalayam Post,
Salem – 636015, Rep. By its
Authorised Signatory, J.Karthik ... Petitioner in W.P.No.6011 of 2017
Mothi Spinner Limited, Unit 1V,
HTSC No.373,
S.F.No.108, Komarapalayam Main Road,
Pallipalayam, Erode – 6368006
Rep. By its Authorized Signatory,
M.Ganesan ..Petitioner in W.P.No.6012 of 2017
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 1 & 2 both WPs
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W.P.Nos.6011 & 6012 of 2017
3. The Superintending Engineer,
TANGEDCO Ltd.,
Salem Electricity Distribution Circle,
Salem. ..3rd respondent in W.P.No.6011 of 2017
3.The Superintending Engineer,
TANGEDCO Ltd.,
Mettur Electricity Distribution Circle,
Mettur Dam. ..3rd Respondent W.P.No.6012 of 2017
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
charge s from the petitioner in H.T.SC.No.329, H.T.SC.No.373, 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 both WPs : Mr.S.P.Parthasarathy
For Respondents in both WPs : Mr.K.Suresh
Government Advocate for R1
Mr.M.Abul Kalam
Standing Counsel for R2 & R3
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W.P.Nos.6011 & 6012 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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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 4/6 https://www.mhc.tn.gov.in/judis W.P.Nos.6011 & 6012 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., Salem Electricity Distribution Circle, Salem.
4.The Superintending Engineer, TANGEDCO Ltd., Mettur Electricity Distribution Circle, Mettur Dam.5/6
https://www.mhc.tn.gov.in/judis W.P.Nos.6011 & 6012 of 2017 R.SUBRAMANIAN, J.
KKN W.P.Nos.6011 & 6012 of 2017 and W.M.P.Nos.6435 to 6438 of 2017 02.08.2022 6/6 https://www.mhc.tn.gov.in/judis