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Madras High CourtWP/25982/2023closed

Tamil Nadu Generation And Distribution Corporation Limited v. The Ministry Of Coal

2025-11-18Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.

25982 of 2023 and W.M.P.Nos. 25395 & 25397 of 202 Tamil Nadu Generation and Distribution Corporation Limited, Rep. By the Chief Engineer / Mechanical / Mines, TANGEDCO, 2nd Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.

...Petitioner

Vs.

1.The Ministry of Coal, Represented by its Under Secretary, Government of India, Shastri Bhawan, New Delhi - 110001.

2.The Ministry of Environment, Forest and Climate Change, Represented by its Secretary, Indira Paryavaran Bhawan Jorbagh Road, New Delhi - 110 003.

3.The Bank of India, Chennai Large Corporate Branch, Tarapore Towers, 4th Floor, 1/7

826, Anna Salai, Chennai - 2.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorari, calling for the records of the 1st respondent pertaining to impugned appropriation order dated 22.08.2023 in 13016/8/2016CAIII (FTS328381) (FTS: 329166). For Petitioner : Mr.P.Wilson, Senior Counsel for Mr.D.R.Arun Kumar For Respondents : Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.Venkataswamy Babu Senior Panel Counsel for R1 & R2 Mr.K.Kumar for R3

ORDER

This Writ Petition has been filed, challenging the impugned order dated 22.08.2023 passed by the 1st respondent.

2. The learned counsel for the petitioner would submit that the 1st respondent has allotted the coal blocks for all power generating Company of the State 2/7

Government in which, Chandrabils Coal Block, Odisha was allotted to the petitioner TANGEDCO and an agreement was entered between the TANGEDCO and the 1st respondent on 30.03.2016 for development of the said block and the agreement is termed as "Coal Block Development and Production (CBDP) Agreement. Since the environment clearance was not issued to the petitioner TANGEDCO, in view of the agreement, the 100% bank guarantee executed to the tune of Rs.56,26,83,372/- was released to the extent of 13% in favour of the petitioner however, the same was not released to the extent of 87%. Since they want to invoke the 87%, the present writ petition is filed.

3. The learned Senior Counsel appearing for the petitioner would submit that during the pendency of the writ petition, bank guarantee itself expired and the petitioner TANGEDCO also issued termination notice to the respondents on 24.04.2024.

4. The learned Additional Solicitor General appearing for the respondents 1 & 2 would submit that liberty may be granted to the 1st respondent to workout the remedy in the manner known to law.

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5. In view of the subsequent development, nothing survives for further adjudication in this Writ Petition and hence, this Writ Petition is closed with liberty to the 1st respondent to workout the remedy in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. 18.11.2025 Index: Yes/No Speaking (or) Non Speaking Order kkn 4/7

To 1.The Ministry of Coal, Represented by its Under Secretary, Government of India, Shastri Bhawan, New Delhi - 110001.

2.The Ministry of Environment, Forest and Climate Change, Represented by its Secretary, Indira Paryavaran Bhawan Jorbagh Road, New Delhi - 110 003.

3.The Bank of India, Chennai Large Corporate Branch, Tarapore Towers, 4th Floor, 826, Anna Salai, Chennai - 2.

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M.DHANDAPANI, J.

KKN W.P.No . 25982 of 202 6/7

18.11.2025 7/7