2009 INSC 0722
                                   SUPREME COURRT OF INDIA

                                             India Cements Ltd.

                                                      Vs.

                                            State of Tamil Nadu

                                           C.A.No.2133 of 2009

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  02.04.2009

                                                   ORDER

Leave granted.

1. 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.

2. 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.

3. This being the position, the Division Bench was not justified in disposing of the appeal on
merits.

4. 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.

5. In the facts and circumstances of the case, the High Court is requested to dispose of the
writ appeal as expeditiously as possible.

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