IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.02.2017 CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.2381 of 2013 and M.P.No.2 of 2013 M/s.Dalmia Cement (Bharat) Limited, rep.by Senior General Manager & Lead Head Fagun Mansion, 2nd Floor, 26, Ethiraja Salai, Egmore, Chennai – 600 008. ..
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, New Secretariat, Wallajah Road, Chennai – 600 002.
3. The Tamil Nadu Generation & Distribution Corporation Limited, rep.by its, Chief Engineer (Civil) Designs, 3rd Floor, NPKKR Maligai, 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/10/2012-13 for 'Lifting and Disposal of Dry Fly Ash 700 MT/day from Unit IV of NCTPS and quash the same as arbitrary and illegal.
For petitioner : Mr.Rahul Balaji M/s.Satish Parasaran For 1st respondent : Mr.N.Shivabharathi, CGC For 2nd respondent : Mr.S.Navaneethan, Additional Government Pleader For 3rd respondent : Mr. C.Mani shankar, Additional Advocate General assisted by Mr.S.K.Rameshwar 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, New Secretariat, Wallajah Road, Chennai – 600 002.
3. The Chief Engineer (Civil) Designs, The Tamil Nadu Generation & Distribution Corporation Limited, 3rd Floor, NPKKR Maligai, 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.2381 of 2013 and M.P.No.2 of 2013 23.02.2017 http://www.judis.nic.in