Dpj Pollachi Ham Project Private Limited v. National Highways Authority Of India (Nhai )
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI DPJ Pollachi Ham Project Private Limited (A Company Registered under Companies Act, 2013) Represented by Authorised Signatory, Gautam Sharma 17, Rajiaxmi B. No. 6, Sujata Layout Indraprastha Nagar Nagpur-440022.
... Petitioner Vs National Highways Authority of India (NHAI) through its Chairman Under Ministry of Road, Transport & Highways G 5&6, Sector 10, Dwarka, New Delhi-110 075.
... Respondent Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the Respondent No.4 to consider the Representation dated 18.11.2025 and to forbear the Respondents from taking any coercive steps until C.M.P.No.26216 of 2025 in W.A.No.3216 of 2025 is taken up for hearing.
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For Petitioner : Mr.R.Shunmuga Sundaram for Mr.S.Manuraj Respondent : Mr.A.R.L.Sundaresan, Additional Solicitor General Assisted by Ms.S.R.Sumathy
O R D E R
This Writ Petition has been filed seeking a direction to the respondent to consider the representation of the petitioner dated 18.11.2025 and forbear the respondent from taking any coercive steps until C.M.P.No.26216 of 2025 W.A.No.3216 of 2025 is taken up for hearing.
2. Mr.A.R.L.Sundaresan, learned Additional Solicitor General takes notice on behalf of the respondent.
3. It is the case of the petitioner that, due to failure on the part of the respondent to ensure the mandated free supply of ash with free transportation, the petitioner filed a Writ Petition in W.P.No.19534 of 2025, which was dismissed by this Court vide order dated 15.10.2025, as against which, the petitioner had preferred an appeal in W.A.No.3216 of 2025. During the pendency of the Appeal, the respondent had issued a notice of intention on 10.11.2025 to terminate the Concession Agreement dated 04.02.2022 and the settlement agreement alleging various defaults on the part of the petitioner. Thereafter, the petitioner made a representation on 18.11.2025 to the respondent requesting not to take any 2/4
coercive steps against the petitioner pending disposal of the appeal. Subsequent to which, the petitioner has preferred a Civil Miscellaneous Petition in C.M.P.No.26216 of 2025 in W.A.No.3216 of 2025 challenging the notice of the respondent dated 10.11.2025 which is pending consideration. However, the petitioner's representation dated 18.11.2025 has not been considered so far . Hence, the present Writ Petition.
4. Learned Senior Counsel appearing for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondent herein to consider the petitioner's representation dated 18.11.2025 and pass appropriate orders on the same.
5. Learned Additional Solicitor General appearing for the respondent submitted that the petitioner's representation dated 18.11.2025 will be considered and appropriate orders will be passed.
6. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the respondent to consider the representation dated 18.11.2025 made by the petitioner and pass appropriate orders on the same in accordance with law as expeditiously as possible after affording an opportunity of personal hearing to the petitioner and any other interested parties.
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M.DHANDAPANI, J Nhs
7. The Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.
27.11.2025 (3/3) Index : Yes / No Speaking Order / Non-speaking order Nhs To The Chairman National Highways Authority of India (NHAI) Under Ministry of Road, Transport & Highways G 5&6, Sector 10, Dwarka, New Delhi-1110075.
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