R.Veeramani v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.08.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.4811 of 2014 R.Veeramani .. Petitioner

Versus

1. The Secretary, Public Works Department, Fort St.George, Chennai 600 009.

2.The Executive Engineer, Public Works Department, Building Construction Division (Block A) Tamilnadu New Legislative Assembly Complex, Chepauk, Chennai 600 005.

3.The Secretary, Health Family Welfare Department, Fort St.George, Chennai 600 009.

4.State Level Environmental Impact Assessment Authority (SEIAA), rep. by its Member Secretary cum Director of Environment, 3rd Floor, 4D, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai 600 015.

5.State Level Expert Appraisal Committee (SEAC) Tamilnadu, rep. by its Chairman, 4D, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai 600 015.

... Respondents Petitions filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorari calling for the records pertaining to the impugned final order/Judgment dated 20.02.2013 passed in Appeal No.31/2012 on the file of the National Green Tribunal, Southern Zone at Chennai and quash the same.

For Petitioner ::: Mr.P.Wilson Senior Counsel for Mr.R.Neelakandan For Respondents ::: Mr.AL.Somayaji Advocate General assisted by Mr.M.K.Subramanian Government Pleader for R.1 to R.3 Mr.P.Mahalakshmi for R.4 Mr.L.G.Sahadevan for R.5

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) We find merit in the preliminary objection raised by the learned Advocate General that in view of the legal position enunciated in Union of India and Others vs. Major General Shri Kant Sharma and another reported in (2015 (3) SCALE 546) and in our order dated 30.06.2015 in W.P.No.34199 of 2014, this writ petition cannot be held to be maintainable.

2. We have thus no option but likewise to dismiss the writ petition, in view of the Judgment of the Hon'ble Supreme Court in Major General Shri Kant Sharma's case cited supra. No costs. Consequently, M.P.Nos.1 to 3 of 2014 are closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Secretary, Public Works Department, Fort St.George, Chennai 600 009.

2.The Executive Engineer, Public Works Department, Building Construction Division (Block A), Tamilnadu New Legislative Assembly Complex, Chepauk, Chennai 600 005.

3.The Secretary, Health Family Welfare Department, Fort St.George, Chennai 600 009.

4.The Member Secretary -cumDirector of Environment, State Level Environmental Impact Assessment Authority (SEIAA), 3rd Floor, 4D, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai 600 015.

5. The Chairman, State Level Expert Appraisal Committee (SEAC) Tamilnadu, 4D, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai 600 015. +1 cc to mr.L.G.Sahadevan,advocate,sr.44784 +1 cc to M/s.Hema, advocate,sr.44471 +1 cc to Govt.Pleader,sr.44229.

mg(co) krd 17/8 W.P.No.4811 of 2014