Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 5, Cited by 0]

Madras High Court

M/S.Skm Concrete vs The Union Of India on 21 April, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                         W.P.Nos.4022 and 4026 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 21.04.2023

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                            W.P.Nos.4022 an 4026 of 2021
                                                         and
                                      W.M.P.Nos.4594, 4595, 4598 and 4600 of 2021

                     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
                                                                                 in both W.Ps'

                                                         Vs.

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

                     2. Tamil Nadu Generation and Distribution Company Limited,
                        Represented by its Chairman,
                        NPKKR Maligai,
                        144, Anna Salai, Chennai - 600 002.


                     _________
                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                           W.P.Nos.4022 and 4026 of 2021

                     3. The Tamil Nadu Pollution Control Board,
                        Represented by its Director,
                        76, Anna Salai, Guindy, Industrial Estate,
                        Race View Colony,
                        Guindy,
                        Chennai - 600 032.

                     4. The Superintending Engineer / Civil Designs and Hydro Projects,
                        4th Floor, Western Wing,
                        NPKKR Maaligai,
                        144, Anna Salai,
                        Chennai – 600 002.

                     5. North Chennai Thermal Power Station - I,
                        (Units of Tamil Nadu Generation and Distribution
                          Corporation Limited),
                        Represented by its Chief Engineer,
                        Athipattu Main Road,
                        Athipattu - 600 120,
                        Thiruvallur District.                                 ... Respondents
                                                                                 in both W.Ps'

                     COMMON PRAYER : Petitions filed under Article 226 of the Constitution
                     of India praying for issuance of Writ of Certiorarified Mandamus, calling
                     for the records of the second respondent relating to the impugned E-Auction
                     Notification dated 13.01.2021, Specification No.SE/CD & HP/02/2020-21
                     of the second respondent and quash the same as unconstitutional / violative
                     of Articles 14, 19 (1) (g) and Article 21 of the Constitution of India and in
                     violation of principal Notification dated 14.09.1999 in S.O.No.763 (E)
                     Government of India, Ministry of Environment and Forest issued under

                     _________
                     Page 2 of 6


https://www.mhc.tn.gov.in/judis
                                                                                W.P.Nos.4022 and 4026 of 2021

                     Environment (Protection) Act, 1986, as amended by Amendment
                     Notifications dated 03.11.2009 and 25.01.2016 and directing the
                     respondents 2 and 5 to supply 14300 MT of dry ESP Fly Ash per annum /
                     per two shifts, free of charges, to the petitioner firm.


                                   For Petitioners
                                   in all W.Ps'       :         Mrs.B.Manjula

                                   For Respondents
                                   in all W.Ps'       :         Mr.L.Infant Dinesh
                                                                Central Govt. Standing Counsel-R1
                                                                Mr.I.Syed Sibghatulla
                                                                for TANGEDCO


                                               COMMON ORDER


These Writ Petitions have been listed today under the caption 'for withdrawal' on the basis of the letter dated 20.04.2023 given by the learned counsel for the petitioner before the Registry.

2. Today, the learned counsel for the petitioner seeks permission of this Court to withdraw these Writ Petitions.

_________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4022 and 4026 of 2021

3. Recording the letter dated 20.04.2023, these Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.

21.04.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji Note: Issue order copy by 21.04.2023.

_________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4022 and 4026 of 2021 To

1. The Deputy Director, The 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 Company Limited, NPKKR Maligai, 144, Anna Salai, Chennai - 600 002.

3. The Director, The Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Industrial Estate, Race View Colony, Guindy, Chennai - 600 032.

4. The Superintending Engineer / Civil Designs and Hydro Projects, 4th Floor, Western Wing, NPKKR Maaligai, 144, Anna Salai, Chennai – 600 002.

5. The Chief Engineer, North Chennai Thermal Power Station - I, (Units of Tamil Nadu Generation and Distribution Corporation Limited), Athipattu Main Road, Athipattu - 600 120, Thiruvallur District.

_________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.4022 and 4026 of 2021 M.DHANDAPANI,J.

vji W.P.Nos.4022 an 4026 of 2021 and W.M.P.Nos.4594, 4595, 4598 and 4600 of 2021 21.04.2023 _________ Page 6 of 6 https://www.mhc.tn.gov.in/judis