M.Santhamurthy v. The State Level Environment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. M.Santhamurthy S/o.Manicka Udayar, M-7, Old Temple Land, HUDCO, Hosur, Krishnagiri District Petitioner(s) Vs

1. The State Level Environment Impact Assessment Authority, Through The Member Secretary, 3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai-600 015 2.The District Level Environment Impact Assessment Authority, Through The Member Secretary, 3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet,

Chennai-600 015 3.The District Collector Dharmapuri District, Dharmapuri 4.The Assistant Director Department Of Geology And Mining, Dharmapuri District 5.The District Forest Officer Dharmapuri District, Dharmapuri Respondent(s) PRAYER Calling for the records of the 1st respondent herein relating to his impugned order passed in letter No.SEIAA-TN/F.No.10235/2024 dated 25.03.2024 and quash the same and consequentially direct the 1st respondent to issue Environment clearance and permit the petitioner to quarry operations survey number 103/Part-6 to extent 3.42.0 hectares situated at Madathahalli Village, Pappireddypatty Taluk, Dharmapuri District pursuant to the lease deed document No.1338 of 2019 till the expiry of the lease period i.e., 03.08.2019 subject to the conditions if any including revised Mining plan pursuant to the petitioner's representation dated 11.06.2024. For Petitioner(s):

M/s.L.Karthiga For Respondent(s):

Mr.K.Venkataswamy Baabu Senior Panel Counsel (R1 & 2) Mr.V.Jeevagiridharan Additional Government Pleader (R3&4) Dr.T.Seenivasan Special Government Pleader (forest) (R5)

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Under assail is the order dated 25.03.2024 passed by the State Level Environmental Impact Assessment Authority.

2.

An appeal is contemplated under Section 16(i) of the National Green Tribunal Act, 2010. Exhausting the appellate remedy contemplated under the Act would be of greater assistance for the High Court to ascertain the complete facts relating to the case. Thus, dispensing with the appeal is an exception, and the person aggrieved, at the first instance is expected to exhaust the appellate remedy as contemplated under the Act. 3.

With the above observations, the Writ Petition is dismissed, with liberty to the petitioner to approach the appellate authority. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 26-02-2025 GD Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Level Environment Impact Assessment Authority, Through The Member Secretary, 3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai-600 015 2.The District Level Environment Impact Assessment Authority, Through The Member Secretary, 3rd Floor, Panagal Maligai, No.1, Jeenis Road, Saidapet, Chennai-600 015 3.The District Collector Dharmapuri District, Dharmapuri 4.The Assistant Director Department Of Geology And Mining, Dharmapuri District 5.The District Forest Officer Dharmapuri District, Dharmapuri

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 26-02-2025