Arnachalam Siva Kumar v. The State Of Andhra Pradesh

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.41710 OF 2018 ORDER: (ORAL) (Per the Hon'ble Sri Justice S.V.Bhatt) No representation for the petitioner or any accommodation is sought for.

The petitioner prays for a writ in the nature of Mandamus declaring the inaction of respondents in considering the objections raised by the petitioner against the proposed integrated renewable energy project i.e., standalone pumped storage component (1200 MW) as illegal etc.

The writ prayer since is against the inaction of respondents in considering the objections said to have been raised by the petitioner, we are of the view that the substance of the objections or merits thereof need not be considered by this Court. Therefore, the averments on merits of the matter are not adverted to in this petition.

Mr.Rama Chandra Rao Gurram, appearing for respondent No.13, on instructions, submits that according to the extant procedure under the Environment Protection Act read with Rules/ Notifications issued from time to time, the 3rd respondent is under obligation to receive the objections, if any, received on the proposal of establishment of an industry, record the objections and forward the record to the Ministry of Environment and Forests, Union

of India for consideration at appropriate stage in grant of environmental clearances. In the case on hand, he states that respondent No.13 has followed the said procedure. The statement is placed on record and the writ petition is dismissed as the inaction complained is untenable. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, stand closed.

__________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ____________ S.V.BHATT, J 23rd November, 2018 Mrr/ Lrkm