SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1994 Supreme(Mad) 548

K.A.SWAMI, SOMASUNDARAM
Seshasayee Paper & Boards Limited, Represented by its Secretary Sri K. Venkatesan – Appellant
Versus
The Appellate Committee, Tamil Nadu Pollution Control Board, Madras – Respondent


Advocates Appeared:
For the Appellant:A.L. Somayaji, Senior Counsel for Aiyar & Dolia, Advocates.
For the Respondents:K.M. Srirangan, Government Advocate.

Judgment :-

K.A. SWAMI, C.J.

1. This appeal is preferred against the common order dated 4.3.1994 passed by the learned single Judge in W.P. Nos. 615 and 616 of 1986. However, the present appeal is confined to the subject matter of W.P. No. 616 of 1986. Learned single judge has allowed the writ petitions in part in the following terms:

“For the reason that I have taken the view that while deciding whether the petitioner is entitled to a rebate or not, the respondents shall be obliged to determine the extent of the treatment provided by the plant installed by it and since no such determination is available, it is a fit case, in my opinion, to remit the whole matter to the second respondent for a fresh decision in accordance with law without misdirecting himself with respect to grant of rebate to the petitioner. Impugned orders, for the said reasons, are quashed. The case is remitted or a re-hearing and disposal in accordance with law by the second respondent in the light of the observations made above. The writ petitions are, accordingly, allowed. There shall be no order as to costs.”

2. At the stage of admission, learned Government Pleader was directed to take notice. Accordingly, learn


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top