Saint Gobain India v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.1062 & 1063 of 2019 Saint Gobain India Private Limited, HTSC NO.499, A-1, SIPCOT Industrial Area, Sriperumbudur, Kanchipuram District, Repd. its Team Leader-Finance & Company Secretary L.Venkateswaran
...Petitioner
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.
3.
The Accounts Officer / Revenue The Superintending Engineer Office, TANGEDCO, Chengalpatu Electricity Distribution Circle, Chengalpattu. ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying 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.499, as per the orders of the Hon'ble Supreme 1/5
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 : Mr. R.S.Pandiyaraj For Respondents : Mr.L. Jaivenkatesh
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to forbear the 2nd and 3rd respondents from demanding and collecting the tax on maximum demand charges from the petitioner in H.T.Sc.No.499, as per the order of the Hon'ble Supreme Court of India, New Delhi on 31.08.2012 in SLP(c) No.24933 of 2012 and 25522 of 2012 etc. batch in M/s.Sri Krishna Alloys & Etc. Vs.Union of India and others etc.
2. The issue raised in the present petition is being settled against the petitioner in terms of the Division Bench Judgement 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 judgement bearing Special Leave Appeal (Civil) Nos.24685 to 24719 of 2012 dated 31.08.2012, with an interim direction 2/5
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 the benefit of the writ petitioner during the pendency of the Special Leave Appeals.
3. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 07.03.2023 skt : Yes/ No Index : Yes/ No To:
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, 3/5
TANGEDCO Ltd., 144, Anna Salai, Chennai-600 002.
3.
The Accounts Officer / Revenue The Superintending Engineer Office, TANGEDCO, Chengalpatu Electricity Distribution Circle, Chengalpattu.
M.DHANDAPANI, J.
skt and W.M.P.Nos.1062 & 1063 of 2019 4/5
07.03.2023 5/5