Madras High CourtWP/6168/2024allowed

M/S. Star Yarn v. The State Of Tamil Nadu

2024-03-08Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:1200

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.03.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.6829, 6834, 6838 and 6839 of 2024 M/s.Star Yarn HTSC No.049094260570 SF.No.254/1-6, 255/1-5, 256/1-10, 257/1, 261/1-3 4B Ulagapuram, Ingur Road, Thenmugam Vellode (PO) Perundurai (TK) Erode - 638 112 represented by its Managing Partner A.G.Manoj Prabhakar ... Petitioner in W.P.No.6168 of 2024 M/s.Orange Sizing Unit HTSC No.049094260573 SF No.545/1A & 545/2A, Thenmugam Vellode (PO) Perundurai (TK) Erode - 638 112 represented by its Proprietor C.G.L.Vikash Raaj ... Petitioner in W.P.No.6178 of 2024 Vs 1.The State of Tamil Nadu, Rep. By its Secretary to Government, Energy Department, Fort St. George, Chennai - 600 009.

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2.The Chairman and Managing Director, TANGEDCO Ltd., 144, Anna Salai, Chennai-600 002 3.The Superintending Engineer, Erode Electricity Distribution Circle, TANGEDCO, Erode .... Respondents in both W.P.'s PRAYER in W.P.No.6168 of 2024: 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.049094260570, 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.

PRAYER in W.P.No.6178 of 2024: 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.049094260573, 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 both W.P.'s) For Petitioner : Mr.M.Saravana Kumar For Respondents : Mr.S.Balamurugan - R1 Government Advocate : Ms.A.Aarthi for Mr.I.Syed Sibgathulla - R2 & R3 Pg.No.2/4

C O M M O N O R D E R Ms.A.Aarthi, learned counsel on behalf of Mr.I.Syed Sibgathulla, learned counsel, who accepts notice for R2 and R3/officials of Tangedco in 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.049094260570 and 049094260573 is 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 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.

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Dr.ANITA SUMANTH,J.

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. 08.03.2024 Index : Yes / No Speaking order sl To 1.The State of Tamil Nadu, Rep. By its Secretary to Government, Energy Department, Fort St. George, Chennai - 600 009.