M/S.Indira Granites v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.Nos.676 and 371 of 2022; 88, 107, 110, 291 of 2021 and C.M.P.Nos.682, 679, 675 and 1190 of 2021 W.A.No.676 of 2022:

Indira Granites rep. By its Managing Partner V,Venkateshwaran No.7, Causeway Road Lakshmi Mansion, Gugai Salem - 636 007.

.. Appellant Vs

1. The State of Tamil Nadu, rep. by Secretary to Government, Industries Department, Fort St. George, Chennai - 600009.

2. The District Collector, Krishnagiri District, Krishnagiri.

3. The State Level Environmental - Impact Assessment Authority (SEIAA), Rep. by its Chairman, 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai - 600015.

.. Respondents

PRAYER in W.A.No.676 of 2022: Appeal under Clause 15 of the Letters Patent against the order dated 23.12.2021 in W.P.No.6537 of 2020 passed by the learned Single Judge.

For the Appellant in W.A.No.676 of 2022 : Mr.G.Masilamani Senior Counsel for Mr.V.Sanjeevi For Respondents 1 and 2 in W.A.No.676 of : Mr.P.S.Raman, Senior Counsel for Mrs.R.Anitha Special Government Pleader For 3rd Respondent in W.A.No.676 of 2022 : Mr.K.Srinivasamurthy Standing Counsel and batch cases COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) In some of these appeals, the State accepts that environmental clearances are obtained and the demand is

required to be revised.

2. As, according to the respondents, the demands may be required to be reconsidered upon the grant of environmental clearance, the impugned demands are, as such, set aside with liberty to the respondent authorities to issue show cause notices to these appellants in respect of the revised demand, if any. After receipt of the show cause notices, the appellants can file their reply along with all relevant documents raising all possible grounds and defences available, which certainly would be considered by the respondent authorities before raising final demand.

3. In the light of that, the impugned orders of the learned Single Judge stand set aside.

4. With the aforesaid observations and directions, the writ appeals are disposed of. There will be no order as to costs.

Consequently, connected miscellaneous petitions are closed. (S.V.G., CJ.) (D.B.C., J.) 17.11.2023 Index :

Yes/No Yes/No sasi To:

1. The Secretary to Government, State of Tamil Nadu, Industries Department, Fort St. George, Chennai - 600009.

2. The District Collector, Krishnagiri District, Krishnagiri.

3. The Chairman, State Level Environmental - Impact Assessment Authority (SEIAA), 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai - 600015.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) W.A.Nos.676 and 371 of 2022; 88, 107, 110, 291 of 2021 and C.M.P.Nos.682, 679, 675 and 1190 of 2021 17.11.2023