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Madras High CourtWP/31183/2012dismissed as infructuous

Indo Fly Ash Association v. The Chariman

2024-01-04Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2012 W.P.No.31183 of 2012 and M.P.No.1 of 2012 INDO FLY ASH Association, Rep. By Its Chairman, Santosh Kumar, ... Petitioner Vs.

1. The Chariman, Tamilnadu Electricity Board, Mount Road, Chennai-2.

2. The Tamilnadu Generator And Distribution Corporation Ltd., Rep. By Its Chairman, No.88, Anna Salai, Chennai-2.

3. The Chief Engineer/Civil Designs, Tamilnadu Electricity Board, 3rd Floor, Eastern Wing, No.Pkrr Maligai, 144, Anna Salai, Chennai-2.

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4. The Union Of India, Rep. by its Deputy Director, Ministry of Environments, 146, Paryavaran Bhavan, CEO Complex, Lodhi Road, New Delhi.

(R4 impleaded by order dated 04/12/12 by NPVJ in MP.2/12) ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records in Letter No. CE/ CD/ SE/ CD/ EE2/ AEE/F/MTPS/ SCC/ D 2042/12 dated 3.10.2012 on the file of 3rd respondent herein and quash the same as illegal and direct the respondents to implement the Notification of Ministry of Environment and Forests Department, New Delhi dated 3.11.2009 letter and spirit by supplying the fly ash to the members of the petitioners Association free of costs without any service charges. For Petitioner : Mr.S.Parathasarathi for M/s.R.Sankarasubbu For Respondents : Mr.K.Arun Prasad (for R1 to R3) W.P.No.2301 of 2014 INDO FLY ASH Association, Rep. by its Chairman, Santosh Kumar ... Petitioner Vs.

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The Chief Engineer/Civil Designs, TANGEDCO (Taminadu Generation & Distribution Corpn. Ltd.,) NPKKR Maligai, No.144 Anna Salai, Chennai-600 002.

... Respondent Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 12.12.2013 by issuing authorisation to 230 FLY ASH Companies by the respondent at Chennai to secure the ends of justice.

For Petitioner : Mr.S.Parathasarathi for M/s.R.Sankarasubbu For Respondent : Mr.K.Arun Prasad COMMON ORDER The learned counsel appearing on behalf of the petitioner in both the petitions made a submission that the cause arose for the purpose of filing the present writ petitions have become vanished. He has also made an endorsement to that effect.

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2. In view of the submission and the endorsement made, the Writ Petitions stand dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 04.01.2024 Index : Yes Speaking Order (sha) 4/6

To

1. Chariman, Tamilnadu Electricity Board, Mount Road, Chennai-2.

2. The Tamilnadu Generator And Distribution Corporation Ltd., Rep. By Its Chairman, No.88, Anna Salai, Chennai-2.

3. The Chief Engineer/Civil Designs, Tamilnadu Electricity Board, 3rd Floor, Eastern Wing, No.Pkrr Maligai, 144, Anna Salai, Chennai-2.

4. The Union Of India, Rep. by its Deputy Director, Ministry of Environments, 146, Paryavaran Bhavan, CEO Complex, Lodhi Road, New Delhi.

5. The Chief Engineer/Civil Designs, TANGEDCO (Taminadu Generation & Distribution Corpn. Ltd.,) NPKKR Maligai, No.144 Anna Salai, Chennai-600 002.

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S.M.SUBRAMANIAM . J., (sha) 04.01.2024 6/6