Madras High CourtWP/4129/2013dismissed as infructuous

M/S.Acc Ltd., v. Union Of India

2017-02-23Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.4129 of 2013 and M.P.No.2 of 2013 M/s.ACC Limited, Madhukarai Cement Works, Madhukarai P.O., Coimbatore - 641 105. .. Petitioner vs.

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

2.The State of Tamil Nadu, rep.by its Chief Secretary, Secretariat, Fort St.George, Chennai - 600 009 3.The Tamil Nadu Generation & Distribution Corporation Limited, rep.by its, Chief Engineer (Civil) Designs, 3rd Floor, NPKKR Malligai, 144, Anna Salai, Chennai - 600 002.

4.The Tamil Nadu Pollution Control Board, rep.by its Chairman, 76, Anna Salai, Guindy, Chennai - 600 032. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the third respondent in Tender Specification Number CE/CD/SE/CD/07/2012-13 for 'Lifting and Disposal of Dry Fly Ash 700 MT/day from Unit II of Mettur Thermal Power Station and

quash the same as arbitrary and illegal.

For petitioner : M/s.Arun Karthik Mohan For 1st respondent : Mrs.G.Hema, CGSC For 2nd respondent : Mr.S.Navaneethan, Additional Government Pleader For 3rd respondent : Mr. C.Mani Shankar, Additional Advocate General assisted by Mr.S.K.Rameshuwar Standing Counsel for TNEB For 4th respondent : No appearance

ORDER

The parties concerned are hereby agreed that the tenure of contract stipulated in the impugned tender notification has been expired and that contracts were not executed pursuant to the tender notification.

Therefore, nothing survives to adjudicate in the present Writ Petition. Hence, the Writ Petition is dismissed as infructuous. However, liberty is granted to the Tamil Nadu Generation & Distribution Corporation Limited/the third respondent herein, to issue fresh notification calling for the tenders. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar asvm To 1.The Deputy Director, Ministry of Environment & Forests, Government of India, 146, Paryawaran Bhavan, Lodhi Road, New Delhi - 110 003.

2.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

3.The Chief Engineer (Civil) Designs, The Tamil Nadu Generation & Distribution Corporation Limited, 3rd Floor, NPKKR Malligai, 144, Anna Salai, Chennai - 600 002.

4.The Chairman, The Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai - 600 032.

+1cc to Mr.S.K.Rameshuwar, Advocate SR.No.12547 +1cc to Mr.Arun Karthick Mohan, Advocate SR.No.11974 +1cc to Government Pleader SR.No.12611 W.P.No.4129 of 2013 and M.P.No.2 of 2013 GJ(CO) GN(19/04/2017)