Victus Dyeings v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-08-2024
CORAM
THE HON'BLE MR.JUSTICE M. DHANDAPANI and WMP.Nos.27926, 27927, 27930, 27933, 27940, 27941, 27942 & 27943 of 2023 Victus Dyeings S.F.No.53/2, Chettiurai Thottam, Karaipudur Village, Veerapandi Post, Tirupur-641 605 rep.its By its Authorized Signatory V.Manikandan ..Petitioner in W.P.No.28379 of 2023 M/s.Sree Rengaraj Ispat Industries (P) Ltd, Plot No.MM-1,2&5 Sipcot Industrial Growth Centre, Perundurai-638 052, Erode rep.by its Authorized Signatory S.Shyam Sundar ..Petitioner in W.P.No.28382 of 2023 V.Senthil Murugan ..Petitioner in W.P.No.28388 of 2023 M/s.Shree Vari Multiplast India (P) Ltd S.F.No.101/3A, Manthampalayam Pirivu, Kanjikovil Street, Perundurai, Erode rep.by its Authorized Signatory Vivek Karthic ..Petitioner in W.P.No.28390 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 Ltd., 144, Anna Salai, Chennai-600 002.
3.The Superintending Engineer, Tirupur Electricity Distribution Circle, TANGEDCO, Tirupur.
.. Respondents in W.P.No.28379 of 2023 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, Erode Electricity Distribution Circle, TANGEDCO, Erode.
.. Respondents in W.P.Nos.28382, 28388 & 28390 of 2023 Common Prayer: Writ Petitions under Article 226 of the Constitution of India praying for a writ of Mandamus to forbearing the 2nd and 3rd respondents, from demanding and collecting the tax on maximum demand charges from the petitioner in H.T.Sc.Nos.039094380053, 049094260556, 049094260238 & 049094260137 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.
For Petitioner :Mr.S.P.Parthasarathy, in all the Writ Petitions For R1 : Mr.LSM.Hasan Fizal, AGP in all WPs'
For R2 to R3 :Mr.L.Jaivenkatesh, Senior Counsel in W.P.No.28379 of 2023 For R2 to R3 :Mr.I.Syed Sibghatulla, in W.P.Nos.28382, 28388 & 28390 of 2023 COMMON ORDER These Writ Petitions is filed is by the petitioners seeking for to forbearing the 2nd and 3rd respondents, from demanding and collecting the tax on maximum demand charges from the petitioner in H.T.Sc.Nos. 039094380053, 049094260556, 049094260238 & 049094260137 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.
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 Index : Yes/No : Yes/No jai To
1.The Superintending Engineer, Tirupur Electricity Distribution Circle, TANGEDCO, Tirupur.
2.The State of Tamil Nadu.
Rep.by its Secretary to Government, Energy Department, Fort St.George, Chennai-600 009.
3.The Chairman and Managing Director, TANGEDCO Ltd., 144, Anna Salai, Chennai-600 002.
4.The Superintending Engineer, Erode Electricity Distribution Circle, TANGEDCO, Erode.
M.DHANDAPANI, J.
jai 30-08-2024