Sai Tech Enterprises v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.38923 of 2016 Sai Tech Enterprises Rep by Proprietrix P.Amudha Lakshmi No.1, 8th Street, Ulaganathapuram, Ennore, Chennai-600 057
...Petitioner
Vs 1 The Chairman Tamil Nadu Generation and Distribution Corporation Ltd.
No.800 Anna Salai Chennai - 600 002.
2 The Chief Engineer / Civil Designs Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDC) No.144, Anna Salai Chennai 600 002.
*3 The Chief Engineer North Chennai Thermal Power Station Athipattu, Tiruvallur Distrit ..Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 2nd Respondent to permit the petitioner to lift ash from the Ennore Thermal Power Station without insisting any conditions. For Petitioner : Mr.Velmurugan For Respondents: Mr.S.K.Raameshuwar
O R D E R
The petitioner has come before this Court seeking writ of mandamus directing the 2nd Respondent to permit the petitioner to lift ash from the Ennore Thermal Power Station without insisting any conditions.
2. When the matter is taken up for hearing, it is brought to the notice of this court that, in similar circumstances, this Court, in WP No.23778 of 2016, by order dated 13.07.2016 which was subsequently followed in WP No.30373 of 2016 dated 31.08.2016, given a direction to the second respondent to permit the petitioner to lift the ash from the Ennore Thermal Power Station.
3. Though Mr.S.K.Raameshuwar, learned standing counsel appearing for the respondents would object that the petitioner company is not being run for almost one year, Mr.Velmurugan, learned counsel appearing for the petitioner would submit that because of non-supply of fly ash, the manufacturing activities could not be continued. He has also filed a memo of undertaking signed by the petitioner stating that on allotment of fly ash by the respondents, they shall continue to manufacture fly ash products.
4. In the light of the above order passed by this Court in WP No.30373 of 2016 dated 31.08.2016, this writ petition is also allowed on the same lines, as hereunder : "There shall be a direction to the respondents, especially, the second respondent to permit the petitioner to lift the fly ash from "North Chennai Thermal Power Station II (NCTPS II). However, this order will not prevent the respondents from verifying the purpose for which the fly ash isb eing 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.
Sd/- Assistant Registrar(CS II) Dated: 14.11.2016 *Corrected as per order dated 11.1.2017 and made in W.M.P.36224, 36225/16 in W.P.No.38922 and 38923/16 Sd/ Assistant Registrar (CCC) Dated: 19.1.2017 //True Copy// Sub Assistant Registrar rgr
TO 1 The Chairman Tamil Nadu Generation and Distribution Corporation Ltd.
No.800 Anna Salai Chennai - 600 002.
To be substituted to the order 2 The Chief Engineer / Civil Designs already Tamil Nadu Generation and despatched on Distribution Corporation Ltd (TANGEDC) 16.11.2016 No.144 Anna Salai Chennai 600 002.
3 The Chief Engineer Ennore Thermal Power Station Ennore , Chennai 600 057.
4. The Chief Engineer North Chennai Thermal Power Station Athipattu, Tiruvallur Distrit +1 cc to M/s.M. Velmurugan, Advocate SR.65160 W.P. No.38923 of 2016 SAI(CO) EU 15.11.16 kk 19/1