A.Ammasi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU A.Ammasi .. Petitioner -vs1. The District Collector, Salem District, Salem.
2. The Sub Collector, Mettur, Salem District.
3. The Tahsildar, Omalur Taluk, Omalur, Salem District.
4. The Executive Engineer, Public Works Department, Sarabanga Division, Namakkal.
5. The Assistant Geologist, Geological and Mines Department, Salem.
6. The Member-Secretary, Tamil Nadu Pollution Control Board, Chennai.
7. The District Environmental Engineer,
Tamil Nadu Pollution Control Board, Salem.
8. The Village Administrative Officer, Manathal Village, Omalur Taluk, Salem District.
9. The Superintending Engineer, General Constructions Circle, Tamil Nadu Generation and Distribution Corporation, Salem 636 014.
10.The Divisional Railway Manager, Southern Railway, Salem Division, Salem.
11. P.Karthik
12. State Level Environment Impact Assessment Authority, Rep. by Member Secretary, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-15.
13. The Commissioner of Geology & Mining Department, Guindy, Chennai-32.
(R-13 suo motu impleaded as per order dt.25.09.2015 in WP)
14. K.Madesh (R-14 impleaded as per Order dt.
01.10.2015 in WP) .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 8 and 12 to revoke all permissions/clearance granted to the 11th respondent for carrying on quarrying at Survey Nos.1/1 (part); 1/2 (part); 24/1 (part) and 24/2 (part) on an extent of 4.25.0 hectares in Manathal Village, Omalur Taluk, Salem District.
For the Petitioner :
Mr.M.Ravi For the Respondents :
Mr.K.M.D.Muhilan Addl. Government Pleader, for RR 1 to 5, 8 and 13 :
No appearance for RR 6 and 7 :
Mr.D.R.Arunkumar for R-9 :
Mr.P.T.Ramkumar Stdg. Counsel for R-10 :
Mrs.Sunitha for M/s.S.Elambharathi for R-11 :
Mr.V.Chandrasekar for R-12 * * * * *
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.M.Ravi, learned counsel for the petitioner, Mr.K.M.D.Muhilan, learned Additional Government Pleader, for the official respondents and Mrs.Sunitha, learned counsel for respondent No.11.
2. This Court on 01.10.2015 had passed a detailed order restraining further quarrying in the writ area. The said order was also
assailed before the Apex Court by filing SLP bearing No.30866 of 2015. On 10.04.2017, the Apex Court observed that the Special Leave petition has become infructuous on the statement made by learned counsel for the parties.
3. Naturally now, the period given to respondent No.11 for quarrying stands expired in the year 2016.
4. In light of the above, the purpose of the petition stands served.
The writ petition, accordingly, stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 06.06.2023 Index : yes/no : Yes/No sra
To:
1. The District Collector, Salem District, Salem.
2. The Sub Collector, Mettur, Salem District.
3. The Tahsildar, Omalur Taluk, Omalur, Salem District.
4. The Executive Engineer, Public Works Department, Sarabanga Division, Namakkal.
5. The Assistant Geologist, Geological and Mines Department, Salem.
6. The Member-Secretary, Tamil Nadu Pollution Control Board, Chennai.
7. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Salem.
8. The Village Administrative Officer, Manathal Village, Omalur Taluk, Salem District.
9. The Superintending Engineer, General Constructions Circle, Tamil Nadu Generation and Distribution Corporation, Salem 636 014.
10.The Divisional Railway Manager, Southern Railway, Salem Division, Salem.
11.The Member Secretary, State Level Environment Impact Assessment Authority, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-15.
12. The Commissioner of Geology & Mining Department, Guindy, Chennai-32.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) 06.06.2023