← Library
Madras High CourtWP/709/2025disposed of

Air India Textiles v. The State Of Tamil Nadu

2025-01-10Honourable Mr Justice S. Sounthar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.Nos.862, 863, 868, 870 and 873 of 2025 AIR INDIA TEXTILES, HTSC No. 039094380747 S.F.NO.58/3, Aadhiyur Road, Kunnathur Tirupur - 638103 repd. its Authorized Signatory S. Kathirvel ...Petitioner in WP.No.709/2025 LAKSHMI SPINNERS HTSC No.039094340131 Palani Road, Sri Venkatas Mills Post, Udumalpet. Repd., by its Dr.V. Rajendran ...Petitioner in WP.No.712/2025 C V SPINNERS PVT LTD UNIT II HTSC No.039094340458 26/1A, Palani Road, Sri Venkatas Mills Post, Udumalpet, Repd., by its Dr. V. Rajendran ...Petitioner in WP.No.713/2025 Venkatalakshmi Paper and Boards (P) ltd unit III., HTSC No. 059094500053 PALANI ROAD, MADATHUKULAM UDUMALPET PALANI, DINDIGUL Repd., by its Accounts Manager Suresh A

...Petitioner in WP.No.715/2025

1/8

J.K.FENNER (INDIA) LTD., HTSC No. 059094520321 134, MUPPAR STREET, PALANI AANDAVAR KOVIL ROAD, KULASEKARANKOTTAI VILLAGE, VADIPATTI TALUK, MADURAI, Repd., by its Asst General Manager V.Venkatachalam

...Petitioner in WP.No.717/2025

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 all WPs) 3.The Superintending Engineer, Tiruppur Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), TIRUPPUR ... Respondent in WP.No.709/2025 3.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), UDUMALPET ... Respondent (in WP.Nos.712 and 713/2025) 3.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), DINDIGUL ... Respondent in WP.No.715/2025 2/8

3.The Superintending Engineer, Madurai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), MADURAI ... Respondent in WP.No.717/2025 PRAYER in W.P.No.709 of 2025: Writ Petition is 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.039094380747 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. PRAYER in W.P.No.

712 of 2025: Writ Petition is 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.039094340131 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. PRAYER in W.P.No.713 of 2025: Writ Petition is 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.039094340458 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.

PRAYER in W.P.No.715 of 2025: Writ Petition is 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.059094500053 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. PRAYER in W.P.No.717 of 2025: Writ Petition is 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.059094520321 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 (in all WPs) For Respondents in WP.Nos.709 and 713/2025 : Mr.L.Jaivenkatesh Standing Counsel (TNEB) For Respondents in WP.Nos.712, 715 and 717/2025 : Mr.S.

tax on maximum demand charges from the petitioners in H.T.Sc.Nos.039094380747, 039094340131, 039094340458, 059094500053 and 059094520321 as per the orders of the Hon'ble Supreme Court of India, New Delhi dated 31.08.2012 in SLP (C) Nos.24993 of 2012 and 25522 of 2012 etc., and Batch.

2. The issue involved in all these writ petitions are covered by the orders passed by this Court in W.P.No.26424 of 2024 and batch. The relevant portion of the above 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 Appeal (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 5/8

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. The petitioners herein are also entitled to the benefit of the very same interim order. Therefore, these writ petitions are disposed of in terms of the order passed by the Hon'ble Apex Court in the above mentioned Special Leave Petitions.

4. It is agreed by both the learned counsel for the petitioners as well as respondents that the benefit conferred on the petitioners is subject to the result of the main SLP pending before the Hon'ble Supreme Court. No costs. Consequently, the connected miscellaneous petitions are closed. 10.01.2025 Index :Yes/No Speaking order :Yes/No :Yes/No dm 6/8

To 1.The Secretary to Government, State 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, Tiruppur Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), TIRUPPUR.

4.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), UDUMALPET.

5.The Superintending Engineer, Dindigul Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), DINDIGUL.

6.The Superintending Engineer, Madurai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), MADURAI.

7/8

S.SOUNTHAR, J.

dm 10.01.2025 8/8