Ocean Bricks And Blocks v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2016
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN W.P. Nos. 30329 to 30334 of 2016 & W.M.P. No.26297 of 2016 Ocean Bricks and Blocks, rep. by its Partner, R.S. No. 5/1, Chidambaram Main Road, Ko. Ponneri, Virudhachalam, Cuddalore District.
..Petitioner in WP.30329/16 M/s.Chennai Pavers Rep.by its Proprietor Jayajeeva Ramar st., Sriperumbudur, Chennai.
..Petitioner in WP.30330/16 M/s.Super Bricks Rep. by its Proprietor Survey No.493 1A 1B1 Kelathipet Sirukalathur Sriperumbudur Kancheepuram-69.
..Petitioner in WP.30331/16 R.Kailasam Bricks & Blocks Rep. by its Proprietor No.210 Thiruvalluar Street Athipattu Ponneri Taluk Chennai-120.
..Petitioner in WP.30332/16 M/s.Thangamman Fly Ash Bricks Rep. by its Proprietor S.F. No.425 Poochanari Ambarampalayam Post Pollachi Taluk Coimbatore-642 103.
..Petitioner in WP.30333/16 M/s.Magna Industries Rep. by its Proprietor SF No.321/1A Thirukandeeswaram Annagramam Block Nellikuppam Panruti Taluk Cuddalore-607 105.
..Petitioner in WP.30334/16 Vs.
1.
The Chairman, 800, Anna Salai,
2.
The Chief Engineer/Civil Designs, Tamil Nadu Electricity Board/ (TANGEDCO), No.144, Anna Salai, The Chief Engineer, North Chennai Thermal Power Station I, (Unit of Tamil Nadu Generation and Distribution Corporation Ltd.) Attipattu Pudunagar, Chennai -600 120.
..Respondents Prayer in W.P. No. 30329 of 2016:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 2nd respondent to permit the petitioner to lift ash from the North Chennai Thermal Power Station I, Power Station II in WP.Nos.30330 to 30334/16 in WP.No.30329/16 without insisting any conditions.
For Petitioners in all the writ petitions ::
Mr.V. Stalin For Respondents in all the writ petitions ::
Mr.S.K. Raameshuwar C O M M O N O R D E R These writ petitions are filed for issue of a Writ of Mandamus directing the 2nd respondent to permit the respective petitioners to lift ash from the North Chennai Thermal Power Station I/North Chennai Thermal Power Station II, as the case may be, without insisting on any conditions.
2.
When the writ petitions are taken up, it has been brought to the notice of this Court that, in similar circumstances, in W.P. No. 23778 of 2016, while allowing the said writ petition by order dated 13.07.2016, it was observed as hereunder:
"It is not a fresh allotment of fly ash the petitioners are availing whereas they have been availing the benefit right from 2013 onwards. If the purpose for which the fly ash is being used by the petitioners have not been verified for the past three years, it denotes that there is negligence on the part of the respondents in not verifying it. In the guise of verifying the purpose, the respondents cannot
prevent the petitioners from lifting the fly ash. Therefore, there shall be a direction to the respondents, especially, the second respondent to permit the petitioners to lift the fly ash from North Chennai Thermal Power Station II. However, this order will not prevent the respondents from verifying the purpose for which the fly ash is being used and if it is not used for the admitted purpose, it is always open to the respondents to take appropriate proceedings/action."
In the light of the above order passed by this Court, in a connected writ petition, these writ petitions are also allowed on the same lines, as hereunder:
"There shall be a direction to the respondents, especially, the second respondent to permit the respective petitioners to lift the fly ash from North Chennai Thermal Power Station I/North Chennai Thermal Power Station II, as the case may be. However, this order will not prevent the respondents from verifying the purpose for which the fly ash is being used and if it is not used for the admitted purpose, it is always open to the respondents to take appropriate proceedings/action."
No costs. Connected W.M.P. is closed.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.
The Chairman, 800, Anna Salai, 2.
The Chief Engineer/Civil Designs, Tamil Nadu Electricity Board/ (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.
The Chief Engineer, North Chennai Thermal Power Station I, (Unit of Tamil Nadu Generation and Distribution Corporation Ltd.) Attipattu Pudunagar, Chennai - 600 120.
+1 cc to M/s.S.K.Rameshuwar,advocate,sr.49782 +1 cc to Govt.Pleader,sr.50202 +8 cc's to M/s.V.Stalin, advocate,sr.49371.
ug(co) krd 14/9 W.P. Nos. 30329 to 30334 of 2016