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Madras High CourtWP/19907/2023disposed of with direction

M/S.Arise Industries And Agency Private Limited v. The State Of Tamil Nadu

2024-08-30Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-08-2024

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.19252, 19254, 19262 & 19263 of 2023 M/s.Arise Industries And Agency Private Limited HT. SC. NO. 0690944020206 SF NO.

22 / 1a, MUSIRI THURAIYUR MAIN ROAD JAMBUNATHAPURAM MUSIRI TALUK REP. BY ITS DEPUTY GENERAL MANAGER MR.C. RAVI Petitioner in W.P.No.19907 of 2023 M/s.Avanthi Metals Private Limited, H.T.Sc.No.069094450108, No.7/1 &4/3, Komal Road, Marutur Village, Therizhandur Post, Kuttalam Taluk, Nagapattinam District, Rep., by its Chief Executive Officer, Mr.R.Ramesh Petitioner in W.P.No.19911 of 2023 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 Limited 144, Anna Salai, Chennai 600 002 3.The Superintending Engineer Trichy Electricity Distribution Circle Metro / TNEB Mannarpuram 620 020 Trichy District Respondent(s) in W.P.No.19907 of

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 Limited 144, Anna Salai, Chennai 600 002 3.The Superintending Engineer Nagapattinam Electricity Distribution Circle, TANGEDCO, No.36, Sattayappar East Street, Nagapattinam-611 001.

Respondent(s) in W.P.No.19911 of 2023 WP No. 19907 of 2023 PRAYER

This Writ Petition is filed under article 226 of Constitution of India seeking Writ of Mandamus forbearing the 2nd and 3rd respondents, from demanding and collecting the tax on maximum demand charges from the petitioner M/s. Arise Industries and Agency Private Limited H.T.Sc. No. 069094420206 as per the orders of the Honble 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 and Etc. Vs. union of India and other etc.

WP No. 19911 of 2023 PRAYER This Writ Petition is filed under article 226 of Constitution of India seeking Writ of Mandamus forbearing the 2nd and 3rd respondents, from demanding and collecting the tax on maximum demand charges from the petitioner M/s.Avanti Metals Private Limited, H.T.Sc.No.069094450108, 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.

In both WPs'

For Petitioner(s):

Mr.Ragesh Bhagavath for Mr.V.S.Sivasundaram For Respondent(s):

Mr.LSM.Hasan Fizal, AGP for R1 Mr.S.Madhusudanan for R2 and R3 COMMON ORDER Writ Petitions are filed seeking a direction to forbear the respondents 2 and 3 from demanding and collecting tax on maximum demand charges from the petitioners in H.T.Sc. No. 069094420206 & H.T.Sc.No.069094450108 as per the order dated 31.08.2012 passed by the Apex Court in S.L.P.(C).No.24993

of 2012 and 25522 of 2012 etc., batch in the case of M/s.Sri Krishna Alloys and Etc., vs. Union of India and other etc.

2. As the issue involved in all Writ Petitions is one and the same, case are taken up for disposal by a common order.

3. When these matters are taken up for hearing, learned counsel for the petitioners submitted that, the issue involved in the present Writ Petitions is squarely covered by the order dated 25.07.2019 passed by this Court in W.P.No.21902 of 2019. For better appreciation, relevant portion of the 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.No.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 (Civil) Nos.24685 to 23719 of 2012, dated 31.08.2012, with and 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?"

4. As the said interim order passed by the Apex Court governs the Writ Petitioners herein, the above Writ Petitions are disposed of in terms of the said order passed by this Court as stated supra. No costs. Consequently, connected Miscellaneous Petitions are closed.

30-08-2024 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 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 Limited 144, Anna Salai, Chennai 600 002 3.The Superintending Engineer Trichy Electricity Distribution Circle Metro / TNEB Mannarpuram 620 020 Trichy District 4.The Superintending Engineer Nagapattinam Electricity Distribution Circle, TANGEDCO, No.36, Sattayappar East Street, Nagapattinam-611 001.

M.DHANDAPANI J.

jai WP Nos. 19907 & 19911 of 2023 30-08-2024