Madras High Court
Nrk Infra System Private Limited vs Union Of India on 23 November, 2021
W.P.No.13650 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No. 13650 of 2011
and
M.P.No.2 of 2011
NRK Infra System Private Limited,
Old No.3, New No.5, 2nd Floor,
5th Trust Cross Street,
Mandavelipakkam, Chennai - 28. ... 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.
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2011
3. Tamil Nadu Generation & Distribution,
Corporation Limited rep. by its
Chief Engineer / Civil Designs,
3rd Floor, NPKKR Maligai,
144, Anna Salai,
Chennai 600002.
4. Tamil Nadu Electricity Board,
Rep. by its Chairman,
144, Anna Salai,
Chennai 600 002.
5. The Superintending Engineer,
North Chennai Thermal Power Station,
Chennai - 120. ...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of
India, to issue a writ of Certiorarified Mandamus, Calling for the records of
the 3rd respondent in Lr.No.CE/C/HQ/EE3/SE/ CD/EE/ FAM/ SDM/
F.NCTPS-Free/ SCC/ D.445/11 dated 30.4.2011 quash the same as being
arbitrary, illegal in so far as it seeks to levy charges for collection of fly ash,
thereby permitting the petitioner to collect the fly ash allotted to it free of
charge and consequently direct the 3rd respondent to refund all charges
collected from the petitioner from 3.11.2009 being the date of the Ministry
of Environment and Forests Notification S.O. 2804 (E) when fly ash was
mandated to be supplied free of cost to priority industries such as the
petitioner.
2/7
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2011
For Petitioner : Mr.Rahul Balaji
For Respondents : Mr.S.Makesk
Central Govt Standing Counsel
[For R1]
Mr.C.Selvaraj
Additional Government Pleader
[For R2]
Mr.M.Adbul Kalam
Senior Counsel for TANGEDCO
[For R3 to R5]
ORDER
The relief sought for in the present writ petition is to quash the order
passed by the 3rd respondent in 31.04.2011, regarding levy charges for
collection of fly ash, thereby permitting the petitioner to collect the fly ash
allotted to it free of charge and consequently to direct the 3rd respondent to
refund all charges collected from the petitioner from 3.11.2009 being the
date of the Ministry of Environment and Forests Notification S.O. 2804 (E)
when fly ash was mandated to be supplied free of cost to priority industries
such as the petitioner.
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2011
2. The issues raised in the present writ petition are no more res-
integra and already decided by the Hon’ble Division Bench of this Court.
The learned Counsel for the petitioner reiterated that, the petitioner was a
party to that proceedings. The Division Bench concluded by stating that, the
TANGEDCO, which is an industry, manufacturing power through Thermal
Stations, is bound to follow the directions issued by the Union of India,
which has Statutory force and the competent authority having prohibited the
collection of any charge for the supply of fly ash to brick manufacturers, the
TANGEDCO is not entitled to collect the service charge from the brick
manufacturers.
3. The principles and the ratio laid on reaching finality and therefore,
the present writ petition is to be considered with reference to the Judgment
of the Division Bench relied on by the petitioner in the case of Tamil Fly
Ash Bricks and Block's Manufactures Association Vs Tamil Nadu
Generation and Distribution corporation Limited, and others dated
19.08.2014 in Writ appeal No.1299 ,1510 and 1538 of 2013.
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2011
4. In this view of the matter, the order impugned in the present writ
petition is passed by the third respondent in Lr.No.CE/C/HQ/EE3/SE/
CD/EE/ FAM/ SDM/ F.NCTPS-Free/ SCC/ D.445/11 on 30.04.2011 is
quashed and the amount already collected is directed to be refunded as
expeditiously as possible .
5. With this direction, the writ petition stands allowed. No costs.
Consequently, connected miscellaneous petition is closed.
23.11.2021
Internet:Yes
Index : Yes
Speaking order:Yes
nti/jeni
To
1. The Deputy Director,
Union of India,
Ministry of Environment & Forests,
146, Paryawaran Bhavan, Lodhi Road,
New Delhi 110 003.
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2011
2. The Chief Secretary,
The State of Tamil Nadu,
New Secretariat,
Wallajah Road,
Chennai - 600 002.
3. The Chief Engineer / Civil Designs,
Tamil Nadu Generation & Distribution,
Corporation Limited,
3rd Floor, NPKKR Maligai,
144, Anna Salai,
Chennai 600002.
4. The Chairman,
Tamil Nadu Electricity Board,
144, Anna Salai,
Chennai 600 002.
5. The Superintending Engineer,
North Chennai Thermal Power Station,
Chennai - 120.
https://www.mhc.tn.gov.in/judis
W.P.No.13650 of 2011
S.M.SUBRAMANIAM, J.
nti/jeni
W.P.No. 13650 of 2011
and
M.P.No.2 of 2011
23.11.2021
https://www.mhc.tn.gov.in/judis
