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Madras High CourtWP/6756/2018disposed of

Sarangam v. The Collector

2018-07-26Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice M. Venugopal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2018

CORAM:

THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.6756 of 2018 and W.M.P.No.8378 of 2018 Sarangam ... Petitioner Vs.

1.The Collector, Cuddalore District, 2.The Chairman, Central Pollution Control Board, Ministry of Environments & Forests, Government of India, Parivesh Bhavan, East Arun Nagar, New Delhi.

3.The Member-Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai-600 032.

4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.A3, SIPCOT Industrial Estate, Kudikadu, Cuddalore-607 005.

5.The Tahsildar, 6.The Superintending Engineer, TANGEDCO, Capper Hills, Cuddalore-607 004.

7.The Assistant Director of Fisheries, Parangipettai, Bhuvanagiri Taluk, Cuddalore District.

8.The Assistant Director of Fisheries, Cuddalore-607 003.

9.The Joint Director of Agriculture, Semmandalam, 10.Sambandam 11.Dharanidharan 12.Thiagarajan ... Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, forbearing the Respondents 1 to 9 from granting licence/clearance to the Respondents 10 to 12 to raise fish ponds of any kind in S.Nos.21/6, 21/7, 21/8 and 25/- in Suba Uppalavadi Village, Cuddalore Taluk, Cuddalore District.

For Petitioner : Mr.R.Gururaj For Respondents : Mr.S.N.Parthasarathy,G.A. for R1, R5 and R7 to R9 Mrs.S.Rita Chandrasekaran for R3 and R4 Mr.D.S.Ekambaram for R2 Mr.M.Varunkumar for R6 Mr.V.Neethidurai for R10 to R12

O R D E R

(Order of the Court was made by M.VENUGOPAL,J.) It is brought to the notice of this Court that the Hon'ble National Green Tribunal, Principal Bench, New Delhi, as per Office Order in Ref.No.NGT(PB)/DR/2018-19/68/570, dated 24.07.2018, had observed the following:- "As the applicants/ld. Counsels who wishes that his case to be taken up through Video Conferencing at NGT, Principal Bench, New Delhi, with the concerned Zonal Benches, shall submit an application before the Registrar of concerned Zonal Benches and accordingly the matter shall be

listed as per the above Scheduled specified for the respective zone. Further, the applicant has to submit the document through E-filing/scanned copy through CD ROM/Pen Drive to the concerned Zonal Bench prior to the decision for taking the matter and inclusion in the cause list and to be uploaded in the website accordingly for information of the concerned.

For the matters pending before the NGT at Zonal Benches the ld. Counsels/applicant in Person are required submit the scanned copy of the application/documents and pleadings through E-mail and specify so that the matter shall be taken up through Video Conferencing as per schedule above. The Competent Authority also may decide to take up any matter for Video Conferencing.

This issues with the approval of Competent Authority."

2.In view of the aforesaid Office Order of the Hon'ble National Green Tribunal, Principal Bench, New Delhi, the Office of the Registry of this Court is directed to return the present Writ Petition and Writ Miscellaneous Petition along with the Typed Set of Papers, to the Petitioner, for presenting the same before the National Green Tribunal, South Zone, Chennai, within three days from today, and to take further course of action, as he deems fit and proper.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar DP To 1.The Collector, Cuddalore District, 2.The Chairman, Central Pollution Control Board, Ministry of Environments & Forests, Government of India, Parivesh Bhavan, East Arun Nagar, New Delhi.

3.The Member-Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai-600 032.

4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.A3, SIPCOT Industrial Estate, Kudikadu, Cuddalore-607 005.

5.The Tahsildar, 6.The Superintending Engineer, TANGEDCO, Capper Hills, Cuddalore-607 004.

7.The Assistant Director of Fisheries, Parangipettai, Bhuvanagiri Taluk, Cuddalore District.

8.The Assistant Director of Fisheries, Cuddalore-607 003.

9.The Joint Director of Agriculture, Semmandalam, +1cc to Mr.D.S.Ekambaram, Advocate Sr.51300 [18/09/2018] W.P.No.6756 of 2018 and W.M.P.No.8378 of 2018 srg 27/07/2018