IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2133 OF 2009 (Arising out of S.L.P. (C) No.15300 of 2008)

India Cements Ltd.      ...Appellant(s)

Versus

State of Tamil Nadu and Ors.      ...Respondent(s)

O  R  D  E  R

Leave granted.

By an order dated 6.9.2006, the learned Single Judge of the Madras High

Court allowed the writ  petition filed by the appellant and quashed the demand of

water  charges  created  by  Collector,  Tirunelveli  in  lieu  of  the  use  of  water  from

Tamirabarani river.  The writ appeal filed by the respondents against the order of the

learned Single Judge was taken up for hearing on 18.3.2008 from the weekly list of

the court and even though none appeared for either of the parties, the Division Bench

allowed the same on the ground of availability of alternative remedy and also on the

ground  that  in  exercise  of  jurisdiction  under  Article  226 of  the  Constitution,  the

Court cannot go into the question of interpretation of an agreement.

It is not in dispute that the writ appeal filed by the respondent was not

shown in the daily cause list and it was taken up from out of the weekly list without

notice to the parties or their counsel and as a result none could represent the parties.

This being the position, the Division Bench was not justified in disposing of the appeal

on merits.

...2/-

- 2 -  

Accordingly,  the  appeal  is  allowed,  impugned  order  passed  in  the  writ

appeal is set aside and the matter is remanded to that Court for deciding the writ

appeal on merits in accordance with law after giving opportunity of hearing to the

parties.

In the facts and circumstances of the case, the High Court is requested to

dispose of the writ appeal as expeditiously as possible.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 02, 2009.