The High Court of Judicature at Madras dismissed a writ petition filed by a brick block company seeking free fly ash supply, as the petition was not prosecuted despite repeated postings for dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20-10-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.17066 of 2013
And
MP No.1 of 2013
M/s.Suriya Brick Block,
S.F.No.108/2, Pudupedu Village and Post,
Kundrathur – Sriperumbudur Road,
Kancheepuram District,
Represented by its Partner Mr.S.Ragavendran. .. Petitioner
vs.
1.Union of India,
Represented by its Deputy Inspector,
Ministry of Environments and Forest,
146, Paryavaram Bhavan,
CGO Complex,
Lodhi Road,
New Delhi.
2.The Tamil Nadu Generation and Distribution
Corporation Ltd.,
Represented by its Chairman,
800, Anna Salai,
Chennai – 600 002.
3.The Tamil Nadu Generation and Distribution
Corporation Ltd.,
Represented by its Chief Engineer/Civil Designs,
3rd Floor, Eastern Wing,
NPKRR Maaligai,
144, Anna Salai,
Chennai – 600 002.
4.North Chennai Thermal Power Station – Stage II,
(Unit of Tamil Nadu Generation and Distribution
Corporation Ltd.,)
Represented by its Chief Engineer,
Chennai. .. Respondents
Writ Petition is filed under Article 226 of the
Constitution of India, praying for the issuance of a Writ of
Certiorarified Mandamus, calling for the records of the third
respondent, relating to the impugned allotment order, issued to
the petitioner in Letter No.CE/CD/SE/CD & HP/ SE/(NI) 2/AEE3/F-
NCTPP-Stage-II-Free/SSC/D692/13, dated 06.04.2013, of the third
respondent and quash the same in so far as the demand of service
charges is concerned and directing the respondents to supply Fly
Ash free of charges to the petitioner, in terms of the
Notification SO No.763(E) Government of India, Ministry of
Environment and Forest, as amended by Amendment Notification
SO.No.979(E) dated 27.08.2003 and Amendment Notification SO
No.2804 (E) dated 03.11.2009, Government of India Ministry of
Environment and Forest and the Office Memorandum, dated
18.03.2011.
For Petitioner: No Appearance
For Respondent-1: Mr.J.Madhanagopal Rao,
Senior Central Government
Standing Counsel.
O R D E R
The writ petition was listed for hearing on 01.10.2021
and none represented on behalf of the writ petitioner. Thus, the
case is posted under the caption “For Dismissal” on 05.10.2021.
When the matter is called today i.e., on 20.10.2021 and once
again there is no representation on behalf of the writ
petitioner. Thus, the writ petition stands dismissed for non-
prosecution. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is also dismissed.
Sd/-
Assistant Registrar (CS-VIII)
// True Copy //
Sub Assistant Registrar
Svn
To
1.The Deputy Inspector,
Union of India,
Ministry of Environments and Forest,
146, Paryavaram Bhavan,
CGO Complex,
Lodhi Road,
New Delhi.
2.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
800, Anna Salai,
Chennai – 600 002.
3.The Chief Engineer/Civil Designs,
Tamil Nadu Generation and Distribution
Corporation Ltd.,
3rd Floor, Eastern Wing,
NPKRR Maaligai,
144, Anna Salai,
Chennai – 600 002.
4.The Chief Engineer,
North Chennai Thermal Power Station – Stage II,
(Unit of Tamil Nadu Generation and Distribution
Corporation Ltd.,)
Chennai.
WP 17066 of 2013
SVI(CO)
B.VC (29/10/2021)
M/s.Suriya Brick Block
Union of India
The Tamil Nadu Generation and Distribution Corporation Ltd.
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court