M/S.Acc Limited vs Union Of India on 23 February, 2017

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Madras High Court

M/S.Acc Limited vs Union Of India on 23 February, 2017

Bench: D.Krishnakumar

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2017

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR

W.P.No.4129 of 2013
and
M.P.No.2 of 2013


M/s.ACC Limited,
Madhukarai Cement Works,
Madhukarai P.O.,
Coimbatore  641 105.                                                   ..  Petitioner


                                          vs.

1.Union of India,
   rep.by its Deputy Director,
   Ministry of Environment & Forests,
   146, Paryawaran Bhavan, Lodhi Road, 
   New Delhi  110 003.

2.The State of Tamil Nadu,
   rep.by its Chief Secretary,
   Secretariat, Fort St.George,
   Chennai  600 009

3.The Tamil Nadu Generation & Distribution
   Corporation Limited, rep.by its,
   Chief Engineer (Civil) Designs, 
   3rd Floor, NPKKR Malligai,
   144, Anna Salai,
   Chennai  600 002.

4.The Tamil Nadu Pollution Control Board,
   rep.by its Chairman,
   76, Anna Salai, Guindy,
   Chennai  600 032.                                                ..  Respondents

	Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the third respondent in Tender Specification Number CE/CD/SE/CD/07/2012-13 for 'Lifting and Disposal of Dry Fly Ash 700 MT/day from Unit II of Mettur Thermal Power Station and quash the same as arbitrary and illegal. 

	For petitioner                     : Mr.Rahul Balaji
                                                        M/s.Satish Parasaran

	For 1st respondent	: M/s.G.Hema, CGSC

	For 2nd respondent	: Mr.S.Navaneethan,
			                Additional Government Pleader

	For 3rd respondent	             : Mr. C.Mani Shankar,
                                                        Additional Advocate General
				  assisted by Mr.S.K.Rameshuwar
                                                        Standing Counsel for TNEB

	For 4th respondent              : Mr.M.C.Swamy
                                                        Standing Counsel for TNPCB



			      ORDER

The parties concerned are hereby agreed that the tenure of contract stipulated in the impugned tender notification has been expired and that contracts were not executed pursuant to the tender notification. Therefore, nothing survives to adjudicate in the present Writ Petition. Hence, the Writ Petition is dismissed as infructuous. However, liberty is granted to the Tamil Nadu Generation & Distribution Corporation Limited/the third respondent herein, to issue fresh notification calling for the tenders. No costs. Connected Miscellaneous Petition is closed.

23.02.2017 Index : Yes / no Internet: yes /no asvm To

1.The Deputy Director, Ministry of Environment & Forests, Government of India, 146, Paryawaran Bhavan, Lodhi Road, New Delhi 110 003.

2.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

3.The Chief Engineer (Civil) Designs, The Tamil Nadu Generation & Distribution Corporation Limited, 3rd Floor, NPKKR Malligai, 144, Anna Salai, Chennai 600 002.

4.The Chairman, The Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai 600 032.

D.KRISHNAKUMAR, J (asvm) W.P.No.4129 of 2013 and M.P.No.2 of 2013 23.02.2017 http://www.judis.nic.in

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