M/S.Poongodhai Textiles Pvt Ltd v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.12332 & 12334 of 2025 POONGODHAI TEXTILES PVT LTD HTSC No.039094320375 A.O: 13/2, P.VADUGAPALAYAM PALLADAM ROAD (West) PALLADAM TIRUPPUR DIST - 641 664.
Rep.by its authorized Signatory V.Krishnan ... Petitioner in W.P.No.10942/2025 EM PEE TEXTILE MILLS HTSC No.039094320936 SF No.494, Udumalpet Main Road Salaipudur, Sulur Taluk Coimbatore 641 671 Rep.by its authorized Signatory V.Krishnan ... Petitioner in W.P.No.10947/2025 Vs.
1.The State of Tamil Nadu Rep.by its Secretary to Government Energy Department Fort St.George 1/7
Chennai 600 009.
2.The Chairman and Managing Director TANGEDCO Ltd 144, Anna Salai, Chennai 600 002.
3.The Superintending Engineer Coimbatore South Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Coimbatore.
....Respondents in both W.P.Nos.
Prayer in W.P.No.10942 of 2025: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second and third respondents, from demanding and collecting the tax on maximum demand charges from the petitioner in HTSC.No.039094320375, 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. Prayer in W.P.No.10947 of 2025: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second and third respondents, from demanding and collecting the tax on maximum 2/7
demand charges from the petitioner in HTSC.No.039094320936, 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.Krishna Alloys & Etc. Vs. Union of India and others etc. For Petitioners in both W.P.Nos.
: Mr.S.P.Parthasarathy For Respondents in both W.P.Nos.
: Mr.V.Manoharan for R1 Additional Government Pleader Mr.M.S.Sindhuza Assisted by Mr.L.Jai Venkatesh for R2 7 R3 (TANGEDCO) COMMON ORDER The learned counsel would submit that the matter co-relates to the issue that is pending before Supreme Court, and similar matters have been disposed of by this Court on 13.06.2024 vide WP.No.15364 of 2024 etc. The entire order that is passed is extracted hereunder for ready reference; " Mr.Enock Anand, learned counsel appearing on 3/7
behalf of Mr.L.Jai Venkatesh, learned counsel, Mr.S.Kalaiselvan, learned counsel, Mr.I.Syed Sibgathulla, learned counsel, Mr.Madhusudhanan, learned counsel who accepts notice for R2 and R3/officials of Tangedco, respectively 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.No.039094320895 (W.P.No.15364 of 2024), H.T.Sc.NO.039094390742 (W.P.No.15368 of 2024), H.T.Sc.No.049094370569 (W.P.No.15372 of 2024) H.T.Sc.No.039094390524 (W.P.No.15375 of 2024) and H.T.Sc.No.049094360151 (W.P.No.15376 of 2024) 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 4/7
State of Tamil Nadu and others.
3. In light of the same, the prayer of the writ petitioners is 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."
2. Therefore, these Writ Petitions are also disposed on the same terms. No costs. Consequently, connected Miscellaneous Petitions are closed. 26.03.2025 dna 5/7
To 1.The 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 Superintending Engineer Coimbatore South Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Coimbatore.
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D.BHARATHA CHAKRAVARTHY , J.
dna and W.M.P.Nos.12332 & 12334 of 2025 26.03.2025 7/7