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Madras High CourtWP/24364/2025disposed of

Shanthi Srinivasan v. The Commissioner

2026-01-27Honourable Mr.Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WP No.24364 of 2025 and WMP.Nos.27478, 27419 , 28344 & 28641 of 2025 1.Shanthi Srinivasan 2.S.Harish Kumar 3.S.Shalini 4.Ramalingam Prabhu .. Petitioner(s) Vs.

1. The Commissioner, Vellore City Municipal Corporation, Vellore.

2. The Director, Centre for Environment Studies Department of Civil Engineering, Anna University, Guindy Chennai 600 025.

3. Site Engineer- Vellore Bio-Mining Project SGSS India Pvt.Ltd., 28B/1, 28B/2, 2nd Main Road, Ambattur Industrial Estate, Chennai, Tamil Nadu 600 058.

4. M/s.Debrisolve Private Limited, Rep.by its Managing Director, F/08, Vijayalaxmi Hills, B/h Adajan Police Station Surat, Gujarat, India 395 009. .. Respondent(s) Prayer : This Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the records in impugned order its letter No.Na.Ka.No.1043/2018/S1/dated 10.12.2024 passed by the 1st respondent and quash the same.

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For Petitioners :

Mr.S.Namasivayam For Respondents :

Ms.R.Regamitha for Mr.P.S.Prabu - R1 Mr.U.Bharanidaran Standing Counsel - R2 Ms.R.Regamitha - R3

ORDER

Heard Mr.Muthusubramaniam, learned counsel for the petitioners and Ms.Regamitha for Mr.P.S.Prabu, learned Standing Counsel for R1 and R3 and Mr.U.Bharanidaran, learned counsel for R2.

2. The petitioners challenge the order of the first respondent dated 10.12.2024. In terms of the said order, the agreement entered into between the petitioners and the first respondent was terminated. The purpose of the agreement was for bio-mining of 2,00,000 cubic metres of legacy waste situated over 6.23 acres in Vellore.

3. The petitioners state that they had bio-mined an extent of 2,55,638 cubic metres, whereas according to the respondent, the actual bio-mining was only 98,100 cubic metres.

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4. By virtue of the impugned order, the agreement stood terminated. In addition, the impugned order also states that the petitioners will be debarred from entering into contracts with the first respondent. Aggrieved by the same, the present writ petition.

5. Taking note of the fact that the petitioners allege that they have been black listed, I called upon Ms.Regamitha to get instructions from the first respondent as to whether the petitioners have been black-listed. A counter affidavit has been filed by the Commissioner, wherein, in paragraph No.10, it has been stated that the impugned order only relates to termination of the agreement and not to the black-listing of the petitioners. Hence the major fear of the petitioners stand allayed.

6. In so far as the 2nd aspect relating to the termination of the contract is concerned, in terms of Article 41 of the Contract, if any dispute or difference arises in connection with the contract, the agreed remedy is to proceed to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. Hence, whether the termination is bad or otherwise and whether the petitioner is entitled to damages are matters to be worked out during arbitration.

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7. Both counsel agreed that Mr.M.Nandan, District Judge (Retd.) (Cell No.9444 112414), residing 171, MIG, 4th Main Road, TNHB, Nolambur, Phase-2, Mogappiar West Garden, Chennai-37, be appointed as the arbitrator to arbitrate the disputes between the petitioners and the first respondent. All issues can be worked out before the learned Arbitrator.

8. This writ petition is disposed of, recording the fact that the impugned order does not in any way amount to black-listing of the petitioner. No costs. Consequently, connected miscellaneous petitions are closed.

27.01.2026 Index : Yes/No Internet : Yes/No kkd __________Page 4 of 6

To

1. The Commissioner, Vellore City Municipal Corporation, Vellore.

2. .The Director, Centre for Environment Studies Department of Civil Engineering, Anna University, Guindy, Chennai 600 025.

3. Site Engineer- Vellore Bio-Mining Project SGSS India Pvt.Ltd., 28B/1, 28B/2, 2nd Main Road, Ambattur Industrial Estate, Chennai, Tamil Nadu 600 058.

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V.LAKSHMINARAYANAN J.

kkd WP.No.24364 of 2025 27-01-2026 __________Page 6 of 6