Sri Shanmugavel Mills Pvt Ltd v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH and W.M.P.Nos.2129, 2132 to 2136, 2138 to 2141 of 2024 In W.P.No.2006 of 2024 Sri Shanmugavel Mills Pvt Ltd-Unit-IV, HTSC No.039094340306, D.No.2/147, SF No-198/3, Ponneri, Udumalai-Tirupur Road, Kottamangalam Post, Udumalpet-642 202.
Repd. by its Authorized Signatory M.Velumani ... Petitioner vs Udumalpet Electricity Distribution Circle, 1 / 10
Udumalpet.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying 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.039094340306, as per the orders of the Hon'ble 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 & Etc. Vs. Union of India and others etc.
In W.P.No.2007 of 2024 VEDHA SPINNING MILLS P LTD., HTSC No.0590904500495, (SPINNING UNIT-II) SF No.2634, Kiriampatty, Agaram Village, Thadikombu, Dindigul.
Repd. by its Authorized Signatory M.Velumani ... Petitioner vs Dindigul Electricity Distribution Circle, 2 / 10
Dindigul.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying 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.059094500495, as per the orders of the Hon'ble 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 & Etc. Vs. Union of India and others etc.
In W.P.No.2008 of 2024 TDC AGRO FOODS PRIVATE LIMITED HTSC No.059094500480, SF No.303/1,2, PALANI-DHARAPURAM HIGHWAY, BOMMANALLUR VILLAGE, DHARAPURAM TALUK TIRUPUR-638 673 Repd. by its Authorized Signatory M.Velumani ... Petitioner vs 3 / 10
Dindigul Electricity Distribution Circle, Dindigul.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying 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.059094500480, as per the orders of the Hon'ble 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 & Etc. Vs. Union of India and others etc.
In W.P.No.2011 of 2024 SRI SHANMUGAVEL MILLS (P) LTD, HTSC No.059094500503, Garments Division, SF No.1816, 1817, 1818 Vittalnaickenpatti, Thadikombu, Agaram Village, Dindigul-624 709 Repd. by its Authorized Signatory M.Velumani ... Petitioner vs 4 / 10
Dindigul Electricity Distribution Circle, Dindigul.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying 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.059094500503, as per the orders of the Hon'ble 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 & Etc. Vs. Union of India and others etc.
In W.P.No.2012 of 2024 Be One Textiles Private Limited, HTSC No.059094500521, SF No.1745/1D, Vedasandur Road, Kottaiyur, Dindigul-624709, Repd. by its Authorized Signatory M.Velumani ... Petitioner vs 5 / 10
Dindigul Electricity Distribution Circle, Dindigul.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying 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.059094500521, as per the orders of the Hon'ble 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 & Etc. Vs. Union of India and others etc.
In W.P.No.2006 of 2024 For Petitioner : Mr.M.Saravana Kumar For Respondents : Mrs.Geetha Thamaraiselvan (R1) Special Government Pleader Ms.Keerthana Shenoi (R2 and R3) for Mr.L.Jai Venkatesh In W.P.Nos.2007, 2008, 2011 & 2012 of 2024 For Petitioner : Mr.M.Saravana Kumar For Respondents : Mrs.Geetha Thamaraiselvan (R1) Special Government Pleader Mr.S.Madhusudanan (R2 and R3) 6 / 10
COMMON ORDER Mrs.Geetha Thamaraiselvan, learned Special Government Pleader accepts notice for R1 in all writ petitions, Ms.Keerthana Shenoi, learned counsel appearing on behalf of Mr.L.Jai Venkatesh, learned counsel accepts notice for R2 and R3 in W.P.No.2006 of 2024 and Mr.S.Madhusudanan, learned counsel accepts notice for R2 and R3 in W.P.Nos.2007, 2008, 2011 & 2012 of 2024. They would accede to the position that the prayer sought for by the petitioners being a writ of mandamus forbearing R2 and R3 from demanding and collecting tax in maximum demand charges in H.T.Sc.Nos. 039094340306, 059094500495, 059094500480, 059094500503 and 059094500521 are liable to be accepted.
2.
My attention is drawn by both learned counsel to orders of the Hon'ble Supreme Court in SLP (C) No. 24993 of 2012 and 25522 of 2012 dated 31.08.2012 [M/s.Sri Krishna Alloys & Etc Vs Union of India and others etc], which has been followed subsequently by this Court, where under the respondents have been restrained from taking any coercive steps from disconnection of supply of electricity subject to the petitioner paying all charges barring tax on the basis of maximum demand. Following that order this Court has routinely been allowing similar writ petitions (see order dated 25.08.2021 in 7 / 10
W.P.No.9090 of 2020 and batch M/s.Lucky Weaves India P Ltd v State of Tamil Nadu and others and order dated 17.11.2021 in W.P.No.24336 of 2021 and batch SJLT Spinning Mills Private Ltd Unit II vs State of Tamil Nadu and others.
3.
In light of the same, the prayer of the writ petitioners are liable to be acceded to and mandamus is issued as sought for. It is made clear that baring the maximum demand charges, the petitioners shall ensure payment of all other charges.
4.
Writ petitions stand allowed in terms of this order. No costs. Connected miscellaneous petitions are closed. 31.01.2024 Index : Yes/No Speaking Order:Yes sl To 8 / 10
Dindigul Electricity Distribution Circle, Dindigul.
4.The Superintending Engineer, Udumalpet Electricity Distribution Circle, Udumalpet.
9 / 10
DR.ANITA SUMANTH, J.
sl and W.M.P.Nos.2129, 2132 to 2136, 2138 to 2141 of 2024 31.01.2024 10 / 10