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M.Premkumar vs The Chief Executive Officer
2021 Latest Caselaw 15760 Mad

Citation : 2021 Latest Caselaw 15760 Mad
Judgement Date : 4 August, 2021

Madras High Court
M.Premkumar vs The Chief Executive Officer on 4 August, 2021
                                                                    W.A.Nos.1005 & 1006 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 04.08.2021

                                                        CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                      THE HON'BLE MRS.JUSTICE S.KANNAMMAL

                                          W.A.Nos.1005 and 1006 of 2021
                                        and C.M.P.Nos.6347 and 6352 of 2021

                      M.Premkumar                                                .. Appellant
                                                                         in both writ appeals

                                                         Vs

                      1.The Chief Executive Officer,
                        NLC Tamil Nadu Power Limited,
                        Harbour Estate,
                        Tuticorin - 628004,
                        Tamil Nadu.

                      2.The Deputy General Manager/Contract & Purchase,
                        Office of the Chief Executive Officer,
                        NLC Tamil Nadu Power Ltd.,
                        Harbour Estate, Tuticorin - 628004,
                        Tamil Nadu.                                       .. Respondents
                                                                     in both writ appeals

                            Appeals filed under Clause 15 of Letters Patent against the

                      order dated 17.03.2021 made in W.P.Nos.16356 & 16366 of 2020.


                            For Appellant           :     Mr.P.J.Rishikesh
                                                          (in both cases)

                            For Respondents         :     Mr.N.Nithanandam
                                                          (in both cases)

                      Page 1 of 4


http://www.judis.nic.in
                                                                  W.A.Nos.1005 & 1006 of 2021



                                                COMMON JUDGMENT
                                          (Delivered by M.M.SUNDRESH, J.)


                            There are two issues involved in these appeals one is with

                      respect to the forfeiture which the appellant is not willing to press

                      pursuant to the order passed by the learned Single Judge, dismissing

                      the writ petitions. Therefore, the only other issue is with respect to

                      the blacklisting.



                            2. The First Bench passed a detailed order on 01.06.2021 to the

                      effect that the appellant may be permitted to lift the fly ash at

                      Rs.850/- per metric ton.



                            3. When the matter is taken up for hearing today, learned

                      counsel appearing for the respondents submitted that the appellant

                      may be permitted to do so at the rate of 120 metric ton per day.

                      Learned counsel appearing for the appellant submitted that the

                      appellant would adhere to the same.



                            4. In such view of the matter, nothing survives for adjudication

                      in these appeals. In view of the aforesaid subsequent development


                      Page 2 of 4


http://www.judis.nic.in
                                                                    W.A.Nos.1005 & 1006 of 2021

                      and the submission made by the learned counsel for the respondents,

                      the order of blacklisting stands set aside as the respondents

                      themselves are willing to permit the appellant to lift the fly ash at the

                      rate of 120 metric ton per day at Rs.850/- per metric ton subject to

                      the other conditions that may be imposed by them.



                            5. The writ appeals stand disposed of accordingly. No costs.

                      Consequently, connected miscellaneous petitions are closed.




                                                                  (M.M.S., J.)    (S.K., J.)
                                                                          04.08.2021
                      Index:Yes/No
                      mmi/ssm


                      To

                      1.The Chief Executive Officer,
                        NLC Tamil Nadu Power Limited,
                        Harbour Estate,
                        Tuticorin - 628004,
                        Tamil Nadu.

                      2.The Deputy General Manager/Contract & Purchase,
                        Office of the Chief Executive Officer,
                        NLC Tamil Nadu Power Ltd.,
                        Harbour Estate, Tuticorin - 628004,
                        Tamil Nadu.




                      Page 3 of 4


http://www.judis.nic.in
                                          W.A.Nos.1005 & 1006 of 2021




                                                M.M.SUNDRESH,J.

and S.KANNAMMAL,J.

mmi

W.A.Nos.1005 & 1006 of 2021

04.08.2021

http://www.judis.nic.in

 
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