Petitioner sought writ of mandamus enforcing mandatory use of fly ash bricks in construction activities under specified notifications and environmental laws. Court dismissed the petition as infructuous based on petitioner counsel's endorsement without merits being examined.
Writ Petition dismissed as infructuous with no costs awarded.
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W.P.No.2698 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.2698 of 2015
and
M.P.No.1 of 2015
M/s.Tamil Nadu Fly Ash Bricks And Blocks Manufacturers Association Rep. by its President Having their Head Office at 447/4, HIG Flats, II Main Road, Anna Nagar, Chennai 600 040.
rep. by its President Mr.D.S.Saravanan
... Petitioner
Vs.
1.Union of India
Rep. by its Secretary to Government Ministry of Environment & Forests Government of India Parayavaram Bhavan New Delhi 110 003.
2.The State of Tamil Nadu
Rep. by its Secretary to Government Department of Environment and Forests Fort St. George
Chennai 600 009.
Tamil Nadu Pollution Control Board 76, Mount Road, Guindy,
Page 1 of 5
W.P.No.2698 of 2015
Chennai 600 032.
4.Chennai Metropolitan Development Authority Rep. by its Member Secretary, Thalamuthu Natarajar Building No.1, Gandhi-Irwin Road, Egmore, Chennai – 600 008.
5.The Commissioner Corporation of Chennai “Rippon Buildings” Periyar E.V.R. Road Park Town, Chennai 600 003. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 4 and 5 to make it mandatory the use of Fly Ash Bricks / Fly Ash based building materials in all the Construction activities and to ensure such compliance while issuing completion certificates, in respect of all construction activities within their territorial limits in terms of sub-paragraph No.(1A) and (1B) of Paragraph No.3 of the Notification in S.O.No.763(E), Ministry of Environment & Forests, GOI, as amended by Amendment Notification in S.O.No.979(E) dated 27.08.2003 and Amendment Notification in S.O.No.2804(E) dated 03.11.2009, exercising the powers conferred by sub-section (1) read with clause (V) of sub-section (2) of Section 3 and Section 5 of the Environment (Protection) Act, 1986 (Central Act No.29 of 1986) and also directing the respondent 2 to monitor due compliance of the above as per Clause (1E) of the above notification.
Page 2 of 5
W.P.No.2698 of 2015
For Petitioner : Ms.R.Madhubala For M/s.Rathina Asohan For R1 : Not Ready in Notice For R2 to R5 : No Appearance
O R D E R
Today, when the matter is taken up for hearing, the learned counsel for
the petitioner made a submission that the prayer sought for in the present writ petition has become infructuous and she has also made an endorsement to that effect.
2. In view of the endorsement made by the learned counsel for the petitioner, this Writ Petition stands dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.
28.03.2023
Jeni Index : Yes Speaking order Neutral Citation : Yes
Page 3 of 5
W.P.No.2698 of 2015
To
1.The Secretary to Government Union of India Ministry of Environment & Forests Government of India Parayavaram Bhavan New Delhi 110 003.
2.The Secretary to Government The State of Tamil Nadu Department of Environment and Forests Fort St. George Chennai 600 009.
Tamil Nadu Pollution Control Board 76, Mount Road, Guindy, Chennai 600 032.
4.The Member Secretary, Chennai Metropolitan Development Authority Thalamuthu Natarajar Building No.1, Gandhi-Irwin Road, Egmore, Chennai – 600 008.
5.The Commissioner Corporation of Chennai “Rippon Buildings” Periyar E.V.R. Road Park Town, Chennai 600 003.
Page 4 of 5
W.P.No.2698 of 2015
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.2698 of 2015
28.03.2023
Page 5 of 5
1 issue framed by the court
Whether the writ petition seeking mandamus to enforce fly ash brick usage in construction has become infructuous.
2 provisions across 2 enactments
M/s.Tamil Nadu Fly Ash Bricks And Blocks Manufacturers Association
Union of India
The State of Tamil Nadu
The Chairman Tamil Nadu Pollution Control Board
Chennai Metropolitan Development Authority
The Commissioner Corporation of Chennai
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
