The India Cements Limited v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14/2/2023 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR a n d M.P.Nos.2 to 4 of 2012 The India Cements Limited rep. By its General Manager - Legal Having Corporate Office at Coromandel Towers 93 Santhome High Road Chennai 600 028.
...
Petitioner Vs
1. Union of India rep. By its Secretary Ministry of Power Shram Shakti Bhavan Ministry of Power New Delhi 1.
2. The State of Tamil Nadu through its Secretary Department of Energy Fort St. George Chennai 600 009.
3. Bureau of Energy Efficiency Ministry of Power 4th Floor, SEWA Bhawan R.K.Puram New Delhi 110 066.
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Respondents Page No:1/4
PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the first respondent being Notification bearing No.S.O.
687 (E) dated 30/3/2011 and quashing the same in so far as it concerns the petitioner as set out in Heading (vii) Cement entries 7, 16, 28, 29, 50, 61 and 67 as illegal, arbitrary and unconstitutional and contrary to the provisions of the Energy Conservation Act, 2001 and Energy Conservation (Energy Consumption Norms and Standards for Designated Consumers, Form, Time within which and manner of preparation and implementation of Scheme, Procedure for issue of energy Savings Certificates and value of per metric ton of Oil equivalent of Energy Consumed) Rules 2012 and consequently, direct the respondents to consider the individual circumstances of the petitioner's plant as a designated users and existing efficiency levels thereof before prescribing norms and standard of energy efficiency in accordance with law, after providing an opportunity to the petitioner.
For Petitioner ...
Ms.Simran Srinivasan For respondents ...
No appearance for R.R.1 and 3 Mrs.R.Anitha Special Government Pleader for R.2.
Page No:2/4
O R D E R
This writ petition has been filed to quash the Notification dated 30/3/2011, passed by the first respondent and consequently, direct the respondents to consider the individual circumstances of the petitioner's plant as a designated users and existing efficiency levels thereof before prescribing norms and standard of energy efficiency in accordance with law, after providing an opportunity to the petitioner.
2. Heard Ms.Simran Srinivasan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the second respondent. There is no representation on behalf of the respondents 1 and 3.
3. Though Notification in respect of the Heading (vii) Cement entries 7, 16, 28, 29, 50, 61 and 67 is challenged, today, when the matter is taken up for hearing, learned counsel appearing for the petitioner submitted that now the petitioner is able to achieve compliance with the prescribed norms and standards as stated in the impugned Notification. Submission of the learned counsel appearing for the petitioner is recorded. Page No:3/4
N. SATHISH KUMAR, J mvs.
4. In view of the above, this Court is of the considered view that nothing survives for further adjudication. Accordingly, this writ petition is closed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
14/2/2023 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
To
1. The Secretary, Union of India, Ministry of Power Shram Shakti Bhavan, Ministry of Power, New Delhi 1.
2. The Secretary, State of Tamil Nadu Department of Energy, Fort St. George, Chennai 600 009.
3. Bureau of Energy Efficiency Ministry of Power 4th Floor, SEWA Bhawan R.K.Puram New Delhi 110 066.
W.P.No.28984 of 2012 Page No:4/4