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Madras High CourtWP/4604/2025disposed of

V.Perumal v. The Secretary To Government

2025-02-10Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Perumal .. Petitioner

Versus

1. The Secretary to Government, Government of Tamil Nadu, Environment and Forests Department, Fort St. George, Chennai - 600 009.

2. The District Collector, District Collector Office, Tiruvannamalai.

3. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai District.

4. The Assistant Director, Geology and Mining, Tiruvannamalai District.

5. The District Engineer, 1/7

District Pollution Control Board, Tiruvannamalai District.

6. The Tahsildar, Vembakkam Taluk, Vembakkam, Tiruvannamalai District.

7. G.Ulaganathan .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation, dated 06.09.2024 and forbear the second respondent from granting stone quarry licence to the 7th respondent land situated in S.No.1/2 C, 1/3, 1/4, 1/5 and 16/2A, located in Chithalapakkam village, Arasanipalayam post, Vembakkam taluk, Tiruvannamalai district.

For Petitioner : Mr.Krishnasamy Chinnasamy For Respondents : Mr.C.Selvaraj, Additional Government Pleader, for R1 : Mr.Stalin Abhimanyu, Additional Government Pleader, for RR-2 to 6

ORDER

This Writ Petition is filed for a direction to the second respondent to consider the petitioner's representation, dated 06.09.2024 and forbear the 2/7

second respondent from granting stone quarry license to the seventh respondent's land situated in S.No.1/2C, 1/3, 1/4, 15 and 16/2A located in Chithalapakkam village, Arasanipalayam post, Vembakkam taluk, Tiruvannamalai district.

2. The grievance of the petitioner is that he is the adjacent owner of the property. He already made objections during the public hearing. Inspite of the same, without even environmental clearance being granted, the said person is proceeding with the quarrying. He is also using explosives for blasting the earth. It is causing grave hardship.

3. When the matter is taken up for hearing, Mr.Stalin Abhimanyu, learned Additional Government Pleader for the respondent Nos.2 to 6, on instructions, would submit that already, environmental clearance was granted in respect of the said project by the order, dated 30.12.2024. The same was also published in daily newspapers on 01.01.2025. Therefore, if at 3/7

all the petitioner is aggrieved by the environmental clearance, it will be open for him to agitate against the said order in the manner known to law before the appropriate authority. It is also further stated that license was granted. The prayer, as such, cannot be countenanced. Subsequently, if the petitioner finds that there is any violation of the license conditions, it will also be open for him to bring it to the notice of the official respondents by way of appropriate representation.

4. With the above said liberties, this Writ Petition stands disposed of. There shall be no order as to costs.

10.02.2025 : no grs To

1. The Secretary to Government, Government of Tamil Nadu, Environment and Forests Department, Fort St. George, Chennai - 600 009.

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2. The District Collector, District Collector Office, Tiruvannamalai.

3. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai District.

4. The Assistant Director, Geology and Mining, Tiruvannamalai District.

5. The District Engineer, District Pollution Control Board, Tiruvannamalai District.

6. The Tahsildar, Vembakkam Taluk, Vembakkam, Tiruvannamalai District.

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D.BHARATHA CHAKRAVARTHY, J.

grs 6/7

10.02.2025 7/7