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Madras High CourtWP/1934/2022withdrawn dismissed

M/S.Elite Exxtractz v. The Chairman

2024-11-28Honourable Mr Justice M. Sundar,Honourable Mr.Justice K.Rajasekar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.2088 of 2022 in M/s.Elite Exxtractz Rep. by one of the partner P.Sarvanan Business at No.60/6, Natteri Road Sirukadambur Gingee Post & Taluk Villupuram District - 604 202.

... Petitioner Vs.

1.

The Chairman Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai-600 032.

2.

The District Environmental Engineer Tamil Nadu Pollution Control Board District Collectorate Master Plan Complex Back side of Taluk Office Villupuram - 605 602.

Page Nos.1/8

3.

The Chief Engineer WRD State Gound and Surface Water Resources Data Center Public Works Department Tharamani, Chennai-600 113.

4.

The Executive Engineer / O & M 110-33-11 KVSS Compound Singavaram Road Gingee - 604 202.

5.

The Assistant Engineer / TANGEDCO 110-33-11 KVSS Compound Singavaram Road Gingee - 604 202.

... Respondents Prayer :

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records passed by the 1st respondent in Proceedings No.T2/TNPCB/F.027863/NA1/GS/W&A/2021-1 dated 04.01.2022 and quash the same. Subsequently, direct the 2nd respondent to issue the Consent Certificate as per online application dated 13.01.2022 within the time frame.

For Petitioner :

Mr.T.Karunakaran For Respondents :

Mr.V.Gunasekar Standing Counsel for TNPCB Page Nos.2/8

for R1 & R2 Mr.V.Ravi, Special Government Pleader for R3 to R5

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} is listed under the cause list caption 'FOR WITHDRAWAL OR FOR ARGUMENTS'.

2. Mr.T.Karunakaran, learned counsel on record for writ petitioner is before us on 'Videoconferencing' {'VC'} platform. To be noted, this is a hybrid hearing, which is a daily / routine / regular feature in this Court. Learned counsel has filed a memo dated 18.11.2024 and a scanned reproduction of memo together with docket is as follows: Page Nos.3/8

Page Nos.4/8

Page Nos.5/8

3. Learned counsel for writ petitioner reiterates the contents of memo.

4. In the light of the narrative thus far, captioned WP and Writ Miscellaneous Petition thereat are dismissed as withdrawn albeit preserving all rights of writ petitioner to assail the impugned order if it becomes necessary in the days to come. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 28.11.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.6/8

To 1.

The Chairman Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai-600 032.

2.

The District Environmental Engineer Tamil Nadu Pollution Control Board District Collectorate Master Plan Complex Back side of Taluk Office Villupuram - 605 602.

3.

The Chief Engineer WRD State Gound and Surface Water Resources Data Center Public Works Department Tharamani, Chennai-600 113.

4.

The Executive Engineer / O & M 110-33-11 KVSS Compound Singavaram Road Gingee - 604 202.

5.

The Assistant Engineer / TANGEDCO 110-33-11 KVSS Compound Singavaram Road Gingee - 604 202.

Page Nos.7/8

M.SUNDAR, J., and K.RAJASEKAR, J., mk 28.11.2024 Page Nos.8/8