Madras High CourtWP/33086/2017dismissed as infructuous

M/S.Skm Concrete v. Union Of India

2023-03-06Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06-03-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM And WPMP No.36508 of 2017 M/s.SKM Concrete, Represented by its Partner Mr.K.Sathyanarayanan, S/o.S.Krishnamurthy, New No.5, Old No.W61/2, 4th Street, Anna Nagar, Chennai-600 040.

Petitioner vs.

1.Union of India, Represented by its Deputy Director, Ministry of Environment and Forest, 146, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi.

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2.Tamil Nadu Generation and Distribution Corporation Ltd., By its Chairman, NPKKR Maaligai, 144 Anna Salai, Chennai-600 002.

3.Chief Engineer/Civil Designs, 3rd Floor, Eastern Wing, NPKKR Maaligai, 144 Anna Salai, Chennai-600 002.

4.Ennore Thermal Power Station, (Unit of Tamil Nadu Generation and Distribution Corporation Ltd.,), Represented by its Chief Engineer, Ennore, Chennai-600 120.

5.North Chennai Thermal Power Station-II, (Unit of Tamil Nadu Generation and Distribution Corporation Ltd.,), Represented by its Chief Engineer, Ennore, Chennai-600 120.

Respondents Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 2 to 5 to supply 200 MT dry ESP Fly Ash, free of charges to the petitioner, from 2/6

North Chennai Thermal Power Station, the respondent-5 herein, towards the deficit quantity, in terms of the Notification SO No.763 (E) Government of India, Ministry of Environment and Forest, as amended by Amendment Notification SO No.979 (E) dated 27.08.2003 and Amendment Notification SO No.2804 (E) dated 03.11.2009, Government of India, Ministry of Environment and Forest and the Office Memorandum dated 18.03.2011 and Amended Notification in SO No.254 (E) dated 25.01.2016. For Petitioner : Mr.Rathina Asohan For Respondent-1 : Mr.J.Madana Gopal Rao, Central Government Standing Counsel.

O R D E R

The learned counsel appearing on behalf of the writ petitioner made a submission that the relief sought for in the present writ petition has become infructuous.

2. In the light of the submission and also the endorsement made 3/6

by the learned counsel for the petitioner, the present Writ Petition stands dismissed as infructuous. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is also dismissed. 06-03-2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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To 1.The Deputy Director, Union of India, Ministry of Environment and Forest, 146, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi.

2.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., NPKKR Maaligai, 144 Anna Salai, Chennai-600 002.

3.Chief Engineer/Civil Designs, 3rd Floor, Eastern Wing, NPKKR Maaligai, 144 Anna Salai, Chennai-600 002.

4.The Chief Engineer, Ennore Thermal Power Station, (Unit of Tamil Nadu Generation and Distribution Corporation Ltd.,), Ennore, Chennai-600 120.

5.The Chief Engineer, North Chennai Thermal Power Station-II, (Unit of Tamil Nadu Generation and Distribution Corporation Ltd.,), Ennore, Chennai-600 120.

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S.M.SUBRAMANIAM, J.

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