Madras High CourtWP/22782/2018disposed of

Sri Andal Paper Mills Pvt.Ltd. v. The State Of Tamil Nadu,

2018-10-08Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE R.MAHADEVAN WP Nos.22782 and 22783 of 2018 and WMP.Nos.26622 and 26625 of 2018 SRI ANDAL PAPER MILLS PVT.LTD. [PETITIONER IN ALL THE PETITIONS] UNIT-I, REP. BY ITS GENERAL MANAGER, PUDHUPEERKADAVU (ANJAL), SATHYAMANGALAM TALUK, ERODE DISTRICT.

Vs 1 THE STATE OF TAMIL NADU, [RESPONDENTS IN ALL THE PETITIONS] REP. BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BHAVANISAGAR DAM DIVISION, BHAVANISAGAR.

Writ petitions under article 226 of the Constitutions of India praying that in these circumstances stated therein and in the respective affidavits filed their with the High Court will pleased to issue a writ of certiorari or any other writ, order or direction in the nature of writ of certiorari, A(i)Calling for the records of the impugned proceedings bearing G.O.(Ms) No.92 Public Works (W2) Department dated 13.04.2018 issued by the 1st respondent and the consequent impugned notice bearing Lr.No.VAPA/EVA/ Co.Sri Andal Mills/ 304:M/2018/ dated 26.07.2018 issued by the 2nd respondent and quash the same as being arbitrary and illegal (in WP No.22782/2018);

(ii) Calling for the records of the impugned proceedings bearing G.O.(Ms) No.92 Public Works (W2) Department dated 13.04.2018 issued by the 1st respondent and the consequent impugned notice bearing Lr.No.VAPA/EVA.1/ Co.Sri Andal Mills II/ 303:M/2018/ dated 27.07.2018 issued by the 2nd respondent and quash the same as being arbitrary and illegal(in WP No.22783/2018)

B(i)To grant an order of interim stay of the impugned proceedings bearing G.O.(Ms) No.92 Public Works (W2) Department dated 13.04.2018 issued by the 1st respondent impugned notice bearing Lr.No.VAPA/EVA/ Co.Sri Andal Mills/ 304:M/2018/ dated 26.07.2018 issued by the 2nd respondent and all further proceedings pursuant thereto (in WMP No.26622 of 2018)and (ii)To grant an order of interim stay of the impugned proceedings bearing G.O.(Ms) No.92 Public Works (W2) Department dated 13.04.2018 issued by the 1st respondent impugned notice bearing Lr.No.VAPA/EVA.1/ Co. Sri Andal Mills II/ 303:M/2018/ dated 27.07.2018 issued by the 2nd respondent and all further proceedings pursuant thereto (in WMP No.25525 of 2018)pending disposal of the above WP.Nos.22782 & 22783/2018 respectively.

Order : These petitions coming on for orders upon perusing the petition and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.R.PARTHASARATHY, Advocate for the petitioner and of MR.V.JAYAPRAKASH NARAYANAN, Special Government Pleader on behalf of the 1 & 2 Respondents the court made the following order:- Post after two weeks for filing Counter.

Interim Order already granted by this Court is to continue till then.

-sd/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE STATE OF TAMIL NADU, REP. BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, FORT ST. GEORGE, CHENNAI.

2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BHAVANISAGAR DAM DIVISION, BHAVANISAGAR.

C.C. to M/S.R.PARTHASARATHY Advocate on payment of necessary charges.

The Government Advocate, High Court, Madras - 104. Order in WP Nos.22782 and 22783 of 2018 and WMP.Nos.26622 and 26625 of 2018 Date :24/09/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (06/09/2018) KP(11/09/2018) KP(27/09/2018)