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Madras High CourtWP/11004/2020disposed of

M/S.Sl Lumax Ltd., v. The State Of Tamilnadu

2022-01-31Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.11004 OF 2020 AND W.M.P.NOS.13382 AND 13384 OF 2020 M/s.SL LUMAX Ltd., Represented by its Authorised Signatory, Mr.A.Kumar.

... 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 Superintending Engineer, TANGEDCO, Chengalpattu Electricity Distribution Circle, Chengalpattu.

... Respondents PRAYER:- 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 H.T.Sc.No.099094110354, 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 Petitioner : Mr.V.Veluchamy For Respondents : Mr.L.Jai Venkatesh

O R D E R

This writ petition has been filed for the issuance of Writ of Mandamus forbearing the second and third respondents from demanding and collecting tax on maximum demand charges from the petitioners.

2. It is brought to the notice of this Court that a batch of Special Leave petitions are pending before the Hon'ble Supreme Court and the Hon'ble Supreme Court has passed an interim order dated 31.08.2012, restraining the respondents from taking any coercive steps for disconnecting supply of electricity subject to the petitioners paying all the charges/dues except the tax calculated on the basis of maximum demand.

3. This Court had an occasion to deal with a similar issue in W.P.No.19104 of 2020 and final orders were passed on 17.02.2021. The W.P.Nos.13694 to 13696 of 2016 relevant portions in the order are extracted hereunder :- "5. Mr.N.Damodaran, learned Standing Counsel, who took notice on behalf of the respondents would submit that by following the orders of the Hon'ble Supreme Court, a Division Bench of this Court has disposed of issue on the following terms:- "In view of the issue raised in the present writ appeal/writ petition being settled against the appellant/petitioner in terms of the Division Bench judgment in W.P.Nos.159 of 2008 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 respondent from taking any coercive steps for disconnecting the supply of electricity to the premises of the petitioner WP Nos.

interim order would continue to enure for the benefit of the writ appeal and writ petitioner during the pendency of the Special Leave Appeals.

2. Writ Appeal and Writ Petition, accordingly, stand disposed of. No costs. Consequently, W.A.M.P.No. 969 of 2004 stands closed."

6. On the issue of collecting tax on maximum demand charges from the petitioner in the High Tension Service Connection, the Hon'ble Supreme Court and a Division Bench of this Court has already issued a direction, restraining the respondents from taking any coercive steps for disconnecting supply of electricity to the premises of the petitioner subject to the petitioner paying all the charges/dues except tax calculated on the basis of maximum demand."

4. The above order will also enure to the benefit of the petitioner. In view of the same, this writ petition is disposed of in terms of the interim order passed by the Hon'ble Supreme Court and the subsequent Hon'ble Division Bench order passed in W.A.No.547 of 2004 dated 02.06.2015. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar pri 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, TANGEDCO, Chengalpattu Electricity Distribution Circle, Chengalpattu.

+1cc to Mr.V.Veluchamy, Advocate, S.R.No.5594 +1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.5779 W.P.NO.11004 OF 2020 AND W.M.P.NOS.13382 AND 13384 OF 2020 PCH(CO) PBS/04/03/2022