SAKTHI ENTERPRISES Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE plaintiff is the appellant herein. THE appellant/plaintiff filed the suit for the relief of declaration that the letter dated 1.9.2007, issued by the third respondent, cancelling the permission granted to the appellant/plaintiff in removing the fly ash from the third row of unit-1 at the third defendant's THErmal Power Station is void and also for the relief of injunction.

(2.) THE case of the appellant/plaintiff was that the third respondent permitted the appellant/plaintiff to install a Pressurized Dense Fly Ash Collection System ( in short ' PDFACS') at their cost in the third and forth rows of unit 1 at North Chennai THErmal Power Station, as per the memorandum of understanding signed between the parties and the validity of the memorandum of understanding was for a period of 9 years. THE appellant/plaintiff paid a sum of Rs.90,000/- as security deposit and installed the said system and was collecting the fly ash in the third row of unit 1 at the third respondent's THErmal Station from the year 2002 onwards. THE appellant/plaintiff had spent a sum of Rs.10,00,000/- for installation of the said system in the third row of unit 1 and was removing the fly ash without any interruption and without giving any room for any complaint and the appellant/plaintiff was procuring fly ash at the average of 1200 tons to 1500 tons per month.

(3.) IT was further stated that due to poor collection of the fly ash by the appellant/plaintiff, the respondent-Board incurred additional expense of Rs.220 per ton, in removing the fly ash and therefore, only with an intention of giving permission to other competent person, the permission granted to the appellant/plaintiff was cancelled.