Madras High Court
Neyveli Lignite Corporation ... vs All India Trade Union Congress on 10 August, 2021
W.A.No.157/2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.A.No.157 of 2010 and M.P.No.1/2010
1. Neyveli Lignite Corporation Limited
rep. by its Chairman and Managing Director,
Neyveli Town,
Cudalore District.
2. The Eviction Authority-cum-Estate Officer,
Assistant Township Administrator,
Township Administrative Office,
Neyveli. ... Appellants
-vs-
1. All India Trade Union Congress
rep. by General Secretary
Cuddalore District,
namely, M.Sekar
2. N.L.C. United Workers Union
rep. by its General Secretary
P.Kuppusamy,
D.13, Mahathma Gandhi Salai,
Block-24, Neyveli.
3. Neyveli Lignite Corporation Limited,
United Workers Union (AITUC),
rep. by its General Secretary
M.Edward Raj ... Respondents
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W.A.No.157/2010
Prayer: Writ appeal filed under Clause 15 of the Letters Patent
against the order of the learned Single Judge made in W.P.No.18182 of
2009 dated 12.01.2010.
For Appellant : Mr.N.Nithianandam
For 1st respondent : Mr.M.Devaraj
For 2nd respondent : Mr.Balan Haridas
For 3rd respondent : Mr.A.Palaniappan
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA.J)
This Writ Appeal has been directed against the order of the
learned Single Judge made in W.P.No.18182 of 2009 dated
12.01.2010.
2. Today, when the Writ Appeal was called, learned Counsel
for the 3rd respondent has brought to our notice an affidavit filed on
behalf of the 3rd respondent dated 18.01.2017. The learned Counsel
for the 3rd respondent further submitted that recording the same,
suitable orders may be passed in this Writ Appeal.
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W.A.No.157/2010
3. In this regard, it is relevant to extract Paragraphs 3 and 4
here under:
''3. I submit that the possession of the building has
been handed over to us by the revenue authorities.
However on account of the pendency of the Writ Appeal,
the NLC Management, has not restored water and power
supply.
4. I am the present Secretary of the 3rd
respondent Union and for the welfare of the 3 rd respondent
union, I hereby give an undertaking that the premises
allotted will be only utilized for the union activities of the 3 rd
respondent herein alone and I also undertake to demolish
the unauthorized construction in the allotted premises with
liberty to apply for approval for the construction from the
appellants in future''.
4. Learned Counsel for the 1st respondent also submitted that
the unauthorized construction has been demolished which has given
rise to the dispute-in-question in the present Writ Appeal. Therefore,
nothing survives in this case for adjudication.
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W.A.No.157/2010
5. However, learned Counsel appearing for the appellant-
M/s.Neyveli Lignite Corporation submitted that if as promised by the
learned Counsel for the 1st respondent, the said unauthorized
construction has not been demolished, liberty may be given to them to
remove the unauthorized construction. Further, the learned Counsel
for the appellants submitted that from 2009 till date, the 3 rd
respondent is not paying any licence fee, water charges and electricity
charges.
6. In view of the above, four weeks time from the date of
receipt of a copy of this Order is granted to the 3rd respondent to clear
the licence fee, water charges and electricity charges and on such
clearing the arrears as indicated above, the appellant-Neyveli Lignite
Corporation Limited shall restore the water and electricity facilities
forthwith. Liberty is also given to the appellants to remove the
unauthorized construction, if that had not been demolished and
removed earlier from the disputed place.
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W.A.No.157/2010
7. With the above directions, the Writ Appeal is disposed of.
However, considering the facts and circumstance of the matter, the
cost of Rs.5,000/- imposed by the learned Single Judge against the
appellant Neyveli Lignite Corporation Limited is recalled and there will
be no orders as to costs. Consequently, connected Miscellaneous
Petition is closed.
(T.R.J.,) (V.S.G.J.,)
10.08.2021
tsi
To
1. All India Trade Union Congress
rep. by General Secretary
Cuddalore District.
2. The General Secretary,
N.L.C. United Workers Union,
D.13, Mahathma Gandhi Salai,
Block-24, Neyveli.
3. The General Secretary,
Neyveli Lignite Corporation Limited,
United Workers Union (AITUC),
Neyveli.
T.RAJA, J.
https://www.mhc.tn.gov.in/judis/
W.A.No.157/2010
and
V.SIVAGNANAM, J.
tsi
W.A.No.157/2010
10.08.2021
https://www.mhc.tn.gov.in/judis/
