Surya Fly Ash Bricks vs The Government Of India
2022 Latest Caselaw 10858 Mad

                                                                             W.P.No.1181 of 2013


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 22.06.2022

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                          W.P.Nos.1168 to 1177 of 2013
                                    and W.M.P.Nos.1,1,1,1,1,1,1,1,1 & 1 of 2013

                    W.P.No.1168 of 2013

                    Surya Fly Ash Bricks,
                    1/137-A, SF 227/5c, Reddiyur,
                    Kolnaickenpatty,
                    Thermal Post, Mettur,
                    Salem District, Rep. by its
                    Proprietor R.Sekar.                                        ... Petitioner

                                                        Vs.

                    1.The Government of India,
                      Rep by its Deputy Director,
                      Ministry of Environment & Forests,
                      146, Paryavaran Bhawan,
                      C.G.O. Complex,
                      Lodhi Road, New Delhi.

                    2.The Chief Engineer/Civil Designs,
                      Tamil Nadu Generation and Distribution Corporation Limited,
                      3rd Floor, Eastern Wing,
                      144, Anna Salai, Chennai – 600 002.

                    3.The Chief Engineer,
                      Mettur Thermal Power Project,
                      MTPP Stage III,
                      Mettur Dam – 6,
                      Salem District.                                      ... Respondents

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https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.1181 of 2013




                    Prayer : Writ Petition is filed under Article 226 of the Constitution of
                    India for issuance of a Writ of Certiorarified Mandamus, calling for the
                    records pertaining to the impugned part of demanding “a sum of
                    Rs.300/- per tonne towards service charges plus taxes and duties if any
                    applicable has to be remitted at MTPP Stage III by you” in condition
                    No.1          in   the   allotment   order     in   Lr.No.CE/CD/SE/CD/EE2/AEE/
                    F.MTPS/SCC/D.1852/12 dated 3.10.2012 on the file of the 2nd
                    respondent, quash the same and consequently direct the respondents 2
                    and 3 to implement the Office Memorandum - File No.9-8/2005-HSMD
                    dated 18.3.2011 and the Notification S.O.No.2804 (E) dated 3.11.2009
                    issued by the 1st respondent and forbear them from collecting any
                    service charge plus taxes and duties from the petitioner in respect of Fly
                    Ash allotment to be used for manufacturing the Bricks, Blocks and Tiles
                    etc.
                                             For Petitioner      : Mr.V.Elangovan
                                             in all W.Ps

                                             For Respondents : Mr.K.Mohanmurali
                                             in all W.Ps       Senior Panel Cousel for R1

                                                                  Mr.Abul Kalam
                                                                  Standing Counsel for R2 & R3


                                                  COMMON            ORDER

                              These writ petitions have been filed challenging the service

                    charges and taxes and duties imposed by the 2nd respondent through

                    the impugned proceedings and for a consequential direction to the 2 nd &

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https://www.mhc.tn.gov.in/judis
                                                                                   W.P.No.1181 of 2013


                    3rd     respondents    to   implement    the   Official   Memorandum      dated

                    18.03.2011 and the Notification dated 03.11.2009 issued by the 1st

                    respondent.



                              2.The issue involved in all these writ petitions is squarely covered

                    by the Division Bench Judgment of this Court in W.A.Nos.1299, 1510 &

                    1538 of 2013, dated 19.08.2014. All the writ appeals were filed as

                    against the orders passed in the writ petitions allowing the writ petitions

                    and writ appeals were allowed and the orders passed in the writ petition

                    was set aside. The order passed by the Division Bench will apply to the

                    instant writ petitions also.



                              3.In view of the above, all the writ petitions are dismissed. No

                    Costs. Consequently, connected miscellaneous petitions are closed.



                                                                                     22.06.2022

                    Internet   : Yes
                    Index      : Yes
                    Speaking Order / Non Speaking Order
                    ssr




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https://www.mhc.tn.gov.in/judis
                                                                             W.P.No.1181 of 2013




                                                               N. ANAND VENKATESH, J.

ssr To

1.The Deputy Director, Ministry of Environment & Forests, Government of India, 146, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

2.The Chief Engineer/Civil Designs, Tamil Nadu Generation and Distribution Corporation Limited, 3rd Floor, Eastern Wing, 144, Anna Salai, Chennai – 600 002.

3.The Chief Engineer, Mettur Thermal Power Project, MTPP Stage III, Mettur Dam – 6, Salem District.

W.P.Nos.1168 to 1177 of 2013 and W.M.P.Nos.1,1,1,1,1,1,1,1,1 & 1 of 2013

22.06.2022

https://www.mhc.tn.gov.in/judis