M/S.Enterprising Enterprises, v. State Of Tamil Nadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.NOS.5698 TO 5703 OF 2017 M/s.Enterprising Enterprises, Rep. By its Partner Mr.K.Badrinarayanan, B-254, 50th Street, Ashok Nagar, Chennai 600 083.
.... Petitioner in W.Ps.5698 to 5700, 5702, 5703/2017 K.Badrinarayanan
...Petitioner in W.P.5701/2017
Vs.
1.State of Tamilnadu, Rep. By Secretary to Government, Industries Department, Fort St.George, Chennai 600 009.
2.The State Level Environmental- Impact Assessment Authority (SEIAA), Rep. By its Chairman, 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai 600 015.
...Respondents in all W.Ps.
Prayer in W.P.5698/2017:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the second respondent to consider and pass orders on the petitioner's Environment Clearance application dated 12.10.2015 pertaining to the government quarry lands measuring 1.30.5 Hectares, comprised in S.F.No.47/4 situated in Kunnam Village, Vanur Taluk, Villupuram District.
Prayer in W.P.5699/2017:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the second respondent to consider and pass orders on the petitioner's Environment Clearance application dated 13.10.2015 pertaining to the government quarry lands measuring 3.04.05 Hectares, comprised in S.F.No.13/1 (Part) situated in Semangalam
Village, Vanur Taluk, Villupuram District.
Prayer in W.P.5700/2017:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the second respondent to consider and pass orders on the petitioner's Environment Clearance application dated 17.10.2015 pertaining to the government quarry lands measuring 2.02.0 Hectares, comprised in S.F.No.24/1A situated in Semangalam Village, Vanur Taluk, Villupuram District.
Prayer in W.P.5701/2017:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the second respondent to consider and pass orders on the petitioner's Environment Clearance application dated 12.10.2015 pertaining to the government quarry lands measuring 1.20.5 Hectares, comprised in S.F.No.52/10A, B, 11A, 12A, 13 and 14, situated in Kunnam Village, Vanur Taluk, Villupuram District. Prayer in W.P.5702/2017:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the second respondent to consider and pass orders on the petitioner's Environment Clearance application dated 12.10.2015 pertaining to the government quarry lands measuring 4.95.0 Hectares, comprised in S.F.No.
433/6, situated in Vettavalam Village, Thiruvannamalai Taluk, Thiruvannamalai District. Prayer in W.P.5703/2017:Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the second respondent to consider and pass orders on the petitioner's Environment Clearance application dated 26.12.2016 pertaining to the government quarry lands measuring 4.05.0 Hectares (10 Acres), comprised in S.F.No.401(Part) situated in Chendrapalli Village, Krishnagiri Taluk, Krishnagiri District. For Petitioner : Mr.K.Ramakrishna Reddy in all W.Ps.
For Respondents : Mr.M.Elumalai in all W.Ps. Government Advocate C O M M O N O R D E R In all these writ petitions, the respective writ petitioner seeks for a direction to the second respondent to consider their application seeking for issuance of Environment Clearance Certificate pertaining to the quarry in Government land and patta land referred to in the respective writ petitions. Those applications are dated 12.10.2015, 13.10.2015, 17.10.2015, 12.10.2015, 12.10.2015 and 26.12.2016 respectively. The grievance of the petitioner is that even though the applications were made as early as in the year 2015, the second respondent, who is the Authority to consider and decide, has not passed any order so far.
2.Mr.M.Elumalai, learned Government Advocate who takes notice for the respondents in all the writ petitions submitted that the second respondent will consider the applications of the petitioner and pass orders on the same within a period of eight weeks.
3.Needless to say that it is for the second respondent to consider those applications of the petitioner and pass orders on the same on merits and in accordance with law and therefore, this court, at this stage, is not expressing any view on the respective claim made by the petitioner on the merits of the matter. Therefore, these writ petitions are disposed of only with a direction to the second respondent to dispose of those applications within a period of eight weeks from the date of receipt of a copy of this order, on their own merits and in accordance with law. No costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.State of Tamilnadu, Rep. By Secretary to Government, Industries Department, Fort St.George, Chennai 600 009.
2.The State Level Environmental- Impact Assessment Authority (SEIAA), Rep. By its Chairman, 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai 600 015.
+6ccs to Mr. K. Ramakrishna Reddy, Advocate in Sr. 14917 +1cc to Government Pleader in Sr. 15159 W.P.Nos.5698 to 5703 of 2017 SKS(CO) VR(16/03/2017)