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Madras High CourtWP/36896/2024disposed of

M/S.S.M.T.Agro Poly Tech v. The Chief Engineer / Civil Designs

2024-12-05Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.36896, 36897, 36900, 36903, 36904, 36906 of 2024 In W.P.No.36896 of 2024 M/s.S.M.T. Agro Poly Tech NO.1/162-A, SH-20A, Panchayat Head Quarter Moolakkadu Village, Mettur Taluk, Salem District Rep. By its Proprietor M.Suresh Babu

...Petitioner

Vs.

1. The Chief Engineer/Civil Designs Tamil Nadu Generation and Distribution Corporation Limited 3rd floor, Eastern Wing, NPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

2. The Chief Engineer Mettur Thermal Power Station-I Tamil Nadu Generation and Distribution Corporation Limited, Mettur Dam-636 406, Salem District.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider and 1/4

pass orders on the application of the petitioner dated 11.11.2024 for the renewal of allotment order in Lr. No CE / Se / M.II / EE / O and AHS / MTPS - 1 / F.FAM / D.No 807 / 2023 dated 16.09.2023 for collection of dry fly ash from MTPS - I from the 2nd respondent.

For Petitioner : M/s.K.Suheetha for Mr.V.Elangovan For respondents 1 & 2 : Mr.K.Arun Prasad Standing Counsel(TNEB) COMMON

O R D E R

The petitioner herein seeks a direction to respondents to consider the application of the petitioner dated 11.11.2024 seeking renewal of the allotment order in Lr. No CE / Se / M.II / EE / O and AHS / MTPS - 1 / F.FAM / D.No 807 / 2023 dated 16.09.2023.

2. It is the case of the petitioners that they are brick manufacturers using dry fly ash as the basic raw material for manufacturing bricks. The petitioners submitted applications before the respondents for getting allotment of dry fly ash from 2nd respondent. The applications submitted by the petitioners have been processed and allotment was made in favour of petitioners for collection of dry fly ash. The allotment order was valid only for three months. After expiry of the said period, the petitioners submitted fresh 2/4

application on 11.11.2024 seeking renewal of the allotment and the said applications have not been considered by the respondents. Hence, the petitioners are come before this Court.

3. Mr.K.Arun Prasad, learned Standing Counsel(TNEB) takes notice for the respondents 1 and 2.

4. In view of the limited prayer made by the petitioners seeking consideration of their application for renewal, without expressing any opinion on the entitlement of the petitioners, this Court is inclined to direct the 2nd respondent to consider the applications of the petitioners dated 11.11.2024 and pass final orders on its' own merits within a period of four weeks from the date of receipt of copy of this order.

5. With the above directions, these writ petitions are disposed of. No costs.

05.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4

S.SOUNTHAR , J.

nr To

1. The Chief Engineer/Civil Designs Tamil Nadu Generation and Distribution Corporation Limited 3rd floor, Eastern Wing, NPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

2. The Chief Engineer Mettur Thermal Power Station-I Tamil Nadu Generation and Distribution Corporation Limited, Mettur Dam-636 406, Salem District.

W.P No.36896, 36897, 36900, 36903, 36904, 36906 of 2024 05.12.2024 4/4