M/S.Dhandapani Cements (P) v. Tamil Nadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.10284 of 2011 and M.P.Nos.1 & 2 of 2011 M/S.Dhandapani Cements (P) Ltd.

Rep. by its General Manager, 69,Ganapathy Nagar, Thiruvanaikoil, Trichy-620 005.

... Petitioner Vs.

1. Tamil Nadu Generation And Distribution Corporation Limited (TANGEDCO), Represented by its Director, 144, Anna Salai, Chennai 600 002.

2. The Tamil Nadu Pollution Control Board, Rep. by its Chairman, Anna Salai, Guindy, Chennai-600 032.

3. State Level Monitoring Committee, Rep. by its Chairman, Secretary-Department of Environment and Forests, Government Of Tamil Nadu, Fort St.George, Chennai.

4. Plant Level Disputes Settlement Committee, Rep. by its Chairman Mettur Thermal Power Station, Mettur.

5. Mettur Thermal Power Station, Rep.by its Chief Engineer, Mettur.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent culminating in its impugned proceedings bearing LR.No.CE/C/HQ/SE/CD/EE3/EE(NI)/FAM/AEE(NI)/F.MTPS-Can/D.175 dated 30.03.2011, quash the same and direct the 1st respondent, in consultation with the 3rd and 4th respondents to ensure continuous and uninterrupted supply of 750 tonnes or more of dry

fly ash to enable the petitioner to operate its cement manufacturing plant and to comply with the directions of the 2nd respondent and to manufacture an environmentally friendly product i.e. fly ash based cement.

For Petitioner : Mr. Arun Anbumani For Respondents 1, 4 & 5 : Mr. L.Jai Venkatesh Standing Counsel For Respondent 3 : Mr.Jaya Prakash Government Advocate For Respondent 2 : Mrs. Shanmuga Valli Sekar

O R D E R

(Through Video Conferencing) The learned counsel appearing on behalf of the petitioner made a submission that the period itself is expired and the cause does not exist as of now. Thus, the prayer sought for in this Writ Petition has become infructuous.

2. Recording the aforesaid submission of the learned counsel for the petitioner, the Writ Petition stands disposed of as infructuous. Consequently, connected Miscellaneous Petitions are also closed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar shr/kan To

1. The Director, Tamil Nadu Generation And Distribution Corporation Limited (Tangedco), 144, Anna Salai, Chennai 600002.

2. The Chairman, The Tamilnadu Pollution Control Board, Anna Salai, Guindy, Chennai-600032.

3. The Chairman, State Level Monitoring Committee, Secretary-Department of Environment and Forests, Government Of Tamil Nadu, Fort St.George, Chennai.

4. The Chairman, Plant Level Disputes Settlement Committee, Mettur Thermal Power Station, Mettur.

5. The Chief Engineer, Mettur Thermal Power Station, Mettur.

W.P.No.10284 of 2011 PL(CO) SU(02/12/2021) 19.11.2021