Senthur Textiles Pvt Ltd v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.15934 of 2025 SENTHUR TEXTILES PVT LTD, HTSC NO.079094620202, 111, MELAPATTAM KARISALKULAM SRIVILIPUTHUR ROAD, RAJAPALAYAM-626 110, VIRUDHUNAGAR DISTRICT, REPD BY ITS AUTHORISED SIGNATORY PJ RAMKUMAR RAJHA ... Petitioner Vs 1.
THE STATE OF TAMILNADU, REP. BY ITS SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.
2.
THE CHAIRMAN AND MANAGING DIRECTOR, TANGEDCO LIMITED, 144, ANNA SALAI, CHENNAI-600 002.
3.
THE SUPERINTENDING ENGINEER, VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE, TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO), VIRUDHUNAGAR.
... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of 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.079094620202 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 other etc.
For Petitioner : Mr.S.P.Parthasarathy For R1 : Mr.S.Senthil Murugan Special Government Pleader For R2 & R3 : Mr.S.Madhusudanan
ORDER
This Writ Petition is filed seeking issue of 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.079094620202 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 other etc.
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2. The issues involved in this writ petition are covered by the orders passed by this Court in W.P.No.26424 of 2024 and batch. The relevant portion of the above said order is extracted hereunder:- "3.The issue raised in the present petition is being settled against the petitioner in terms of the Division Bench Judgment 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 judgment bearing Special Leave Appeal (Civil) Nos.24685 to 24719 of 2012 dated 31.08.
2012, with an interim direction 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 for the benefit of the writ petitioner during the pendency of the Special Leave Appeals".
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3. The petitioner herein is also entitled to the benefit of the very same interim order. Therefore, this writ petition is disposed of in terms of the order passed by the Hon'ble Apex Court in the above mentioned Special Leave Petitions.
4. It is agreed by both the learned counsel for the petitioner as well as respondents that the benefit conferred on the petitioner is subject to the result of the main SLP pending before the Hon'ble Supreme Court. No costs. Consequently, the connected writ miscellaneous petitions are closed. 23.04.2025 2/2 nsl 4/6
To 1.
THE SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, FORT ST.GEORGE, CHENNAI-600 009.
2.
THE CHAIRMAN AND MANAGING DIRECTOR, TANGEDCO LIMITED, 144, ANNA SALAI, CHENNAI-600 002.
3.
THE SUPERINTENDING ENGINEER, VIRUDHUNAGAR ELECTRICITY DISTRIBUTION CIRCLE, TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO), VIRUDHUNAGAR.
D.BHARATHA CHAKRAVARTHY, J.
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nsl 23.04.2025 2/2 6/6