M/S.Marvel Brick Company, v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH M/s. Marvel Brick Company, Rep. by its Proprietor, Praveen Sai Chander 197/2, Periyapalayam Road, Manjakarani Village, Uthukottai Taluk, Thiruvallur District.
...Petitioner
Vs.
1.Union of India, Rep. By its Secretary to the Government, Ministry of Environment and Forests, New Delhi.
2.Tamil Nadu Generation and Distribution Corporation Limited, Repd. by its Chairman 800 Anna Salai, Madras - 600 002.
3.North Chennai Thermal Power Station, Unit of Tamil Nadu Generation and Distribution, Corporation Limited, Repd. by its Chief Engineer, Madras - 600 120.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to provide the petitioner company with a quantity of 1287 metric tons of dry fly ash per month, through the 3rd respondent in compliance with the letter in spirit of the notifications issued by the 1st respondent.
For Petitioner : Mr.Sunny Sheen for Mr.V.Raghavachari For Respondents : Mr.J.Madana Gopal [for R1] Senior Panel Counsel Mr.K.Arun Prasad [for R2 & R3]
O R D E R
The petitioner is a sole proprietary, engaged in the production of dry fly ash, bricks and blocks. It is registered with the Government of Tamil Nadu, Department of Industries and Commerce and holds a certificate to such effect from 15.10.2007 onwards.
2. The prayer of the petitioner is for a mandamus directing the 2nd respondent i.e., Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to provide it with 1287 metric tons of dry fly ash per month through R3, being the North Chennai Thermal Power Station, in accordance with various notifications issued by the Ministry of Environment and Forests, Union of India.
3. According to the petitioner, it had been denied the supply of fly ash, which has triggered the filing of Writ petition. The 2nd respondent/TANGEDCO has filed both a counter and an additional counter wherein it confirms that between the periods 2007 to 2021, fly ash has been lifted by the petitioner as follows:
Sl.No.
Financial Year Allotted Quantity/Year Lifted Quantity Balance Quantity 1.
2007-2008 450 (150 x 3) 2.
2008-2009 1800 (150 x 12) 3.
2009-2010 1800 (150 x 12) 4.
2010-2011 1800 (150 x 12) 5.
2011-2012 1800 (150 x 12) 6.
2012-2013 1800 (150 x 12) 7.
2013-2014 2400 (200 x 12) 8.
2014-2015 2400 (200 x 12) 9.
2015-2016 2400 (200 x 12) 10.
2016-2017 2400 (200 x 12) 11.
2017-2018 2400 (200 x 12) 12.
2018-2019 2400 (200 x 12) 13.
2019-2020 2400 (200 x 12) 14.
2020-2021 2400 (200 x 12)
4. Thus, the respondent appears to have been adherent to the regulations in place for supply of fly ash. Going forward, it is the case of the respondent that there has been no request made by the petitioner and hence they could not be faulted for the non supply of materials to them.
5. Faced with this factual position which is undisputed, the petitioner only seeks liberty to continue seeking supply of fly ash. Though no such liberty is really required, the petitioner is permitted to do so, in accordance with prevailing regulations. Such requests, if and when made, shall be considered by the respondents, in accordance with Law and the regulations
framed in this regard.
6. Recording the above, the Writ petition is closed. No costs. 13.12.2022 mpl Index : Yes/No Speaking Order/Non speaking Order To 1.Union of India, Rep. By its Secretary to the Government, Ministry of Environment and Forests, New Delhi.
2.Tamil Nadu Generation and Distribution Corporation Limited, Repd. by its Chairman 800 Anna Salai, Madras - 600 002.
3.North Chennai Thermal Power Station, Unit of Tamil Nadu Generation and Distribution, Corporation Limited, Repd. by its Chief Engineer, Madras - 600 120.
DR.ANITA SUMANTH,J.
mpl 13.12.2022