Snn Textiles P Ltd v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.34613, 34614, 34617, 34618, 34619, 34620, 34622 & 34624 of SNN Textiles P Ltd., HTSC No.039094300593, No.5/3, Vinayagarkovil Street, Sanampalayam, Nagammadpudur(Po), Annur, Coimbatore, Rep. by its Authorised Signatory A.Rajesh Kannan
...Petitioner in W.P.No.31880 of 2024
Adarsh Knit Wear P Ltd., HTSC No.039094380469, S.F.No.101/1A, 101/1B, Morappampalayam Road, Uppilipalayam Village(P.o), Sangampalayam, Karuvalur, Avinashi(Tk)- 641 670, Tirupur, Rep. By its Authorised Signatory S.Mohan Raj
...Petitioner in W.P.No.31883 of 2024
M/s. Sri Amman Textiles, HTSC No.039094380630, S.F.No.482/1, 483/1B, Pachagoundur, Ambothi, Annur, Coimbatore-641 653, Rep. by its Authorized Signatory A.Rajesh Kannan.
...Petitioner in W.P.No.31884 of 2024
M/s. Sri Amman Sizing And Weaving Mills Pvt Ltd., 1/6
49/3, 49/6, Ram Nagar, Othimlai Road, Sellanur, Annur, Coimbatore-641 653.
Rep. by its Authorized Signatory A.Rajesh Kannan.
...Petitioner in W.P.No.31888 of 2024
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.
...R1 and R2 in all W.Ps'
3.
The Superintending Engineer, Coimbatore North Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Coimbatore.
...R3 in W.P.Nos.31880 & 31888 of 2024 4.
The Superintending Engineer, Erode Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Tiruppur.
...R3 in W.P.Nos.31883 & 31884 of 2024 COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the 2nd and 3rd respondents, from demanding and collecting the tax on maximum demand charges from the petitioners in H.T.Sc.Nos.039094300593, 039094380469, 039094380630 and 039094300727 respectively, as per the orders of the 2/6
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. In all W.P's.:
For Petitioner : Mr.R.S.Pandiyaraj For Respondents : Mr.LSM.Hasan Fizal, AGP, for R1 : Mr.L.Jaivenkatesh, for R2 and R3 COMMON ORDER Since the issue involved in all these Writ Petitions are similar in nature, they are disposed of by way of this common order.
2. These Writ Petitions have been filed seeking to forbear the respective 2nd and 3rd respondents from demanding and collecting tax on maximum demand charges from the Petitioners in HTSC Nos.039094300593, 039094380469, 039094380630 and 039094300727 respectively, 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.
3. When the matters were taken up for hearing, the learned counsel for 3/6
the Petitioners submitted that, the issue involved in these 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.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 (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."
4. As the said interim order passed by the Apex Court governs the 4/6
Writ Petitioners herein, these Writ Petitions stand disposed of in terms of the said order passed by the Apex Court. No costs. Consequently, the connected Miscellaneous Petitions are closed.
25.10.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 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, Coimbatore North Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Coimbatore.
4.
The Superintending Engineer, Erode Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Tiruppur.
5/6
M.DHANDAPANI , J.
skt and WMP.Nos.34613, 34614, 34617, 34618, 34619, 34620, 34622 & 34624 of 25.10.2024 6/6