Ashtech (India) Private Ltd., v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and W.M.P.No.1 of 2012 and W.M.P.Nos.2,3 & 4 of 2011 Ashtech (India) Private Limited #12 Jawaharlal Nehru Road 1st Floor, Rathnapuri Koyambedu, Chennai 600 107 ... Petitioner Vs.

1.Union of India, Rep. by its Deputy Director, Ministry of Environment and Forests, 146, Paryawaran Bhavan, Lodhi Road, New Delhi 110 003.

2.Tamil Nadu Generation & Distribution Corporation Limited rep. by its Chief Engineer (Civil) 5th Floor, NPKKR Maligai, 144, Anna Salai, Chennai 600 002.

3.The Chief Engineer (Civil) Headquarters Tamil Nadu Generation & Distribution Corporation Limited rep. by its Chief Engineer (Civil) 5th Floor, NPKKR Maligai, 144, Anna Salai, Chennai 600 002.

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4.The Chief Engineer, Ennore Thermal Power Station, Ennore, Chennai 600 057.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified, calling for the records of the third respondent comprised in his Lr.No.CE/C/HQ/SE/CD/EE3/EE(NI) FAM/AEE(NI)/F/ETPS-Reduc/D.58 dated 25.02.2011, quash the same as being arbitrary, illegal, without jurisdiction and contrary to the concluded contracts between the parties and direct the second and third respondents to strictly comply with the terms of the Memorandum of Understanding dated 14.6.2007 entered into between the parties by continuing the entitlement of the petitioner for 65% of the dry fly ash in all five units in Ennore Thermal Power Station.

For Petitioner : Mr.Rahul Balaji For Respondents : Mr.T.L.Thirumalaisamy Central Government Standing Counsel for R1 Mr.M.Abul Kalam Standing Counsel for R2 to R4

O R D E R

This writ petition was filed challenging the impugned Letter, dated 25.02.2011, issued by the 3rd respondent and for a consequential direction to the 2nd and 3rd respondents to strictly comply the Memorandum of 2/4

Understanding and continue with the entitlement of the petitioner for 65% of dry fly ash in all the thermal power stations. 2.Heard Mr.Rahul Balaji, learned counsel appearing on behalf of the petitioner, Mr.T.L.Thirumalaisamy, learned Central Government Standing Counsel appearing on behalf of the 1st respondent and Mr.M.Abul Kalam, learned Staning Counsel appearing on behalf of the 2nd respondent. 3.During the pendency of this writ petition, the Hon'ble First Bench of this Court passed an order in a batch of writ petitions in W.P.Nos.14127 to 14129 of 2011, dated 20.07.2016. By virtue of this order, nothing survives in this writ petition. That apart, the validity of the Memorandum of Understanding has also come to an end in the year 2016. 4.In view of the above, this writ petition is closed. No Costs. Consequently, connected miscellaneous petitions are closed. 28.06.2022 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The Deputy Director, Ministry of Environment and Forests, Union of India, 146, Paryawaran Bhavan, Lodhi Road, New Delhi 110 003.

2.Tamil Nadu Generation & Distribution Corporation Limited rep. by its Chief Engineer (Civil) 5th Floor, NPKKR Maligai, 144, Anna Salai, Chennai 600 002.

3.The Chief Engineer (Civil) Headquarters Tamil Nadu Generation & Distribution Corporation Limited rep. by its Chief Engineer (Civil) 5th Floor, NPKKR Maligai, 144, Anna Salai, Chennai 600 002.

4.The Chief Engineer, Ennore Thermal Power Station, Ennore, Chennai 600 057.

and W.M.P.No.1 of 2012 and W.M.P.Nos.2,3 & 4 of 2011 28.06.2022 4/4