Tamil Nadu Fly Ash Bricks And v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. Nos.14127 to 14129 of 2011 and M.P.Nos.1, 1 and 2 of 2011 Tamil Nadu Fly Ash Bricks and Blocks Manufacturers Association, Rep. By its Secretary, Mr.Thulasi Raman.

.. Petitioner in all WPs.

-vs1 UNION OF INDIA REP. BY ITS DEPUTY DIRECTOR MINISTRY OF ENVIRONMENT & FOREST 146 PARYAVARAN BHAWAN CGO COMPLEX LODHI ROAD NEW DELHI.

2 THE CENTRAL POLLUTION CONTROL BOARD REP. BY ITS CHAIRMAN PARIVESH BHAWAN CBD-CUM-OFFICE COMPLEX EAST ARJUN NAGAR NEW DELHI-110 032.

3 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY ENVIRONMENT AND FOREST DEPARTMENT FORT ST. GEORGE CHENNAI-9. 4 THE TAMIL NADU POLLUTION CONTROL BOARD REP. BY ITS REGIONAL OFFICER/ DIRECTOR ANNA SALAI GUINDY CHENNAI-32.

5 THE TAMIL NADU GENERATION & DISTRIBUTION CORPORATION LTD REP. BY ITS CHAIRMAN 800 ANNA SALAI CHENNAI-2.

6 ENNORE THERMAL POWER STATION DISTRIBUTION CORPN. LTD) REP. BY ITS CHIEF ENGINEER ENNORE CHENNAI-120.

7 THOOTHUKUDI THERMAL POWER STATION (UNIT OF TAMIL NADU GENERATION & DISTRIBUTION CORPN. LTD) REP. BY ITS CHIEF ENGINEER THOOTHUKUDI-4.

8 NORTH CHENNAI THERMAL POWER STATION (UNIT OF TAMIL NADU GENERATION & DISTRIBUTION CORPN. LTD) REP. BY ITS CHIEF ENGINEER CHENNAI-120 9 METTUR THERMAL POWER STATION DISTRIBUTION CORPN. LTD) REP. BY ITS CHIEF ENGINEER METTUR DAM-6.

10 HI-TECH FLY ASH (INDIA) ENT. PVT. LTD (FORMERLY KNOWN AS HITECH ENT) REP. BY ITS VICE-PRESIDENT G.SUNDER RAJU 2/101-5 THIRUCHENURE ROAD MUTHIAPURAM TUTICORIN-628 005.

11 ARK WOOD & METAL INDUSTRIES (P) LTD NO.13 ASHA APARTMENTS TATABAD II STREET COIMBATORE-641 012.

12 CHETTINAD CEMENT CORPORATION LTD KUMARARAJA MUTHAIAH NAGAR PULIYUR PO- 639 114 KARUR DISTRICT.

13 INDIA CEMENTS LTD SHANKAR NAGAR TIRUNELVELI-627 357.

14 MADRAS CEMENTS LTD RAMASWAMY RAJA NAGAR 626 204 VIRUDHUNAGAR DISTRICT.

15 GRASIM INDUSTRIES LTD CEMENT DIVISION-SOUTH REDDIPALAYAM-621 704 ARIYALUR TALUK & DISTRICT.

16 ACC LTD MADUKKARAI CEMENT WORKS MADUKKARAI PO COIMBATORE-641 105 REP. BY ITS DIRECTOR K.

BALACHANDRA 17 ULTRA TECH CEMENTS LTD ARAKKONAM CEMENT WORKS CHETTER PO-631 003 ARAKKONAM TK VELLORE DT.

18 SAKTHI GUHAN CONSTRUCTION PRODUCTS REP. BY ITS PARTNER MR.S.KUMARAN THIRUVANAUKARAM 32/1 KARIYAKALI NAGAR MODAKURICHI PO-638 104 ERODE TALUK & DISTRICT.

19 RMC READYMIX (INDIA) (A DIVISION OF PRISM CEMENTS LTD) REP. BY ITS SENIOR MANAGER (ACCOUNTS) S.

KRISHNAMURTHY AC-26 SIDCO INDL. ESTATE THIRUMUDIVAKKAM CH-44.

20 ASH TECH (INDIA) PVT. LTD 12 JAWAHARLAL NEHRU ROAD (I FLOOR) RATHINAPURI KOYAMBEDU CHENNAI-107.

21 TRISHUL CONCRETE PRODUCTS PVT. LTD 46-A C.P.RAMASWAMY IYER ROAD ABIRAMAPURAM CHENNAI-18.

22 TVH CONCRETE PRODUCTS TIRVENI NO.21 C.V.RAMAN ROAD ALWARPET CHENNAI-600 018.

23 CHENNAI ASH TECH COMPANY PAPPAN THOTTAM 2/853 HIGH SCHOOL ROAD DHANAM GARDEN NALLUMICHEMPATTI COIMBATORE- 641 021.

24 TAMIL NADU ASH TECH PVT. LTD NO.195 PACHA COMPLEX N.H.ROAD COIMBATORE-641 001.

.. Respondents in all WPs.

Petitions filed under Article 226 of the Constitution of India praying for issue of (i) WP.14127/2011 - Writ of Declaration to declaring that the units manufacturing fly ash based bricks, blocks and tiles including the members of the petitioner association shall be entitled to get the supply of dry ESP fly ash, to their respective maximum manufacturing capacity, as per the Capacity Certificate, from respondents 5 to 9 free of charge on priority basis over the other users; (ii) WP.14128/2011 - Writ of Mandamus to direct respondents 1 to 4 to discharge their duties to ensure due compliance of the terms of the notification dated 03.11.2009 and ensure supply of fly ash to the brick manufacturers; and (iii) WP.14129/2011 - Writ of Mandamus to direct respondents 5 to 9 not to make any supply of fly ash on the Contracts/MOU's entered by respondents 5 to 9 with respondents 10 to 24, prior to 03.11.2009. For Petitioner :

Mr.Rathina Asohan For Respondents :

Mr.Su.Srinivasan Asst. Solicitor General for R-1 :

Mrs.Rita Chandrasekar for RR-2&4

: Mr.M.K.Subramanian Spl.G.P.(F) FOR R3 Mr.P.R.Dilipkumar for RR 5 & 8 :

Mr.K.M.Balaji for R-10 :

Mr.V.P.Sengottuvel for RR 11 & 24 :

Mr.Sathish Parasaran, Sr.C.

For Mr.R.Parthasarathy / RR 12-14 :

Mr.S.Giritharan for R-18 :

Mr.Thangasivan for R-19 :

Mr.Jayesh B.Dolia for R-22 for M/s.Aiyar & Dolia :

Mr.N.Damodharan for R-23 :

Not ready in notice - RR 6, 7, 15, 16, 20 and 21 :

No appearance for RR 9 and 17 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) It is not disputed before us that the priority in allotment for the benefit of the brick manufacturers from fly ash is for at least 20%. Thus, the respondents can always give more, but the manufacturers cannot claim a right of priority beyond 20%. 2.We are, thus, of the view that no such direction can be passed as prayed for.

3.Writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. sra Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 THE DEPUTY DIRECTOR UNION OF INDIA, MINISTRY OF ENVIRONMENT & FOREST 146 PARYAVARAN BHAWAN CGO COMPLEX LODHI ROAD NEW DELHI.

2 THE CHAIRMAN, THE CENTRAL POLLUTION CONTROL BOARD, PARIVESH BHAWAN CBD-CUM-OFFICE COMPLEX EAST ARJUN NAGAR NEW DELHI-110 032.

3 THE SECRETARY, THE STATE OF TAMIL NADU ENVIRONMENT AND FOREST DEPARTMENT FORT ST. GEORGE CHENNAI-9.

4 THE REGIONAL OFFICER/DIRECTOR THE TAMIL NADU POLLUTION CONTROL BOARD ANNA SALAI GUINDY CHENNAI-32.

5 THE CHAIRMAN THE TAMIL NADU GENERATION & DISTRIBUTION CORPORATION LTD 800 ANNA SALAI CHENNAI-2.

6. THE CHIEF ENGINEER, ENNORE THERMAL POWER STATION DISTRIBUTION CORPN. LTD) ENNORE, CHENNAI-120.

7 THE CHIEF ENGINEER THOOTHUKUDI THERMAL POWER STATION (UNIT OF TAMIL NADU GENERATION & DISTRIBUTION CORPN. LTD) THOOTHUKUDI-4.

8 THE CHIEF ENGINEER NORTH CHENNAI THERMAL POWER STATION DISTRIBUTION CORPN. LTD) CHENNAI-120 9 THE CHIEF ENGINEER METTUR THERMAL POWER STATION DISTRIBUTION CORPN. LTD) METTUR DAM-6.

+ 1 CC TO MR.V.P.SENGOTTUVEL, ADVOCATE SR 41328 + 1 CC TO MR.RATHINA ASOHAN, ADVOCATE SR 41988 + 1 CC TO MR.SATHISH PARASARAN, ADVOCATE SR 41460 KR/18/8/16 W.P.Nos.14127 to 14129 of 2011