Eight petitioners have filed separate writ petitions seeking a common prayer for issuance of a writ of mandamus, directing the Chief Engineer/Civil Designs, Tamil Nadu Generation and Distribution Corporation Limited, the first respondent herein to consider the representations/applications of the petitioners dated 26.03.2016, 15.03.2016, 25.03.2016, 25.03.2016, 25.03.2016, 30.03.2016, 25.03.2016, 19.03.2016 respectively, for renewal of the allotment orders for 2016-17 for the supply of dry fly ash from MTPS II to the petitioners.
2. Learned counsel for the petitioners submitted that the respondents are running a Thermal Power Plant by using coal, which generates dry fly ash that can be used as an alternative substance for manufacturing bricks, tiles etc. When the fly ash generated by the thermal power plant is being used as a basic raw material for manufacturing bricks, tiles, etc., finding no other alternative or substitute available to carry on the brick manufacturing process, the petitioners also established fly ash brick manufacturing units after getting loan from the banks and they also submitted applications before the first respondent to get the allotment of dry fly ash from the Chief Engineer, Mettur Thermal Power Station II, Mettur, Salem District. Accepting the requests of the petitioners, the first respondent also passed orders of allotment on 1.4.2013, 1.4.2013, 3.10.2012, 1.4.2013, 1.4.2013, 1.4.2013, 1.4.2013, 1.4.2013 respectively in favour of the petitioners subject to various conditions. Pursuant to the said allotments, the petitioners are also renewing the applications and the first respondent also, after satisfying with the conditions imposed in the allotment orders, has been extending the same. In this background, when the petitioners are carrying on the business of production of hollow bricks by using the dry fly ash supplied by the respondents, even after the renewal of the allotment orders given upto 31.3.2016, they made applications to the first respondent on 26.03.2016, 15.03.2016, 25.03.2016, 25.03.2016, 25.03.2016, 30.03.2016, 25.03.2016, 19.03.2016 respectively, with a request to renew the allotment orders for 2016-17 for the supply of dry fly ash from the second respondent. But the first respondent has not passed any orders so far. Therefore, the petitioners have also given reminders on 26.4.2016, 27.4.2016, 18.4.2016, 16.5.2016, 25.4.2016, 16.4.2016, 21.4.2016, 23.4.2016 respectively. Even thereafter, there is no response. As the petitioners' manufacturing process is in peril, they have been advised to come to this Court seeking a direction to the first respondent to consider the pending applications for renewal of the allotment orders as has been done on the earlier occasion.
3. Mr.S.K.Rameshuwar, learned standing counsel, taking notice on behalf of the respondents, submitted that although the petitioners have pleaded before this Court that they have made applications for renewal of the allotment orders on the dates mentioned therein followed by the reminders, no proof or acknowledgment is shown before this Court. Therefore, he sought time to take instructions.
4. In reply, the learned counsel for the petitioners submitted that both the applications for renewal and the reminders were presented by the petitioners in person before the first respondent. Therefore, the respondents can verify the pendency of the applications and thereupon dispose of the same on merit.
5. Considering the fact that the petitioners have been engaged in the manufacture of bricks with the use of dry fly ash supplied by the respondents, this Court finds no impediment to direct the first respondent to consider the applications of the petitioners on merit. Accordingly, the first respondent is directed to consider the pending applications of the petitioners dated 26.03.2016, 15.03.2016, 25.03.2016, 25.03.2016, 25.03.2016, 30.03.2016, 25.03.2016, 19.03.2016 respectively, for renewal of the allotment orders for the year 2016-17 for the supply of dry fly ash from the second respondent, on merit and pass appropriate orders thereon within a period of two weeks from the date of receipt of a copy of this order. The writ petitions are disposed of accordingly. No costs.