Tamil Nadu M. Sand Manufacturers v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2020
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.6310 of 2020 and W.M.P.No.7437 of 2020 Tamil Nadu M.Sand Manufacturers Welfare Association (Registerd No.565/2017) Rep. by Secretary R.Jayaraman No.6/8A Duraisamy Pillai Street, Tambaram West, Chennai-600 045.
...Petitioner
Vs.
1.The Secretary to Government Industries Department Fort St. George Chennai-600 009.
2.The Secretary to Government Public Works Department Fort St. George Chennai-600 009.
3.The Director of Geology and Mining Department of Geology and Mining Industrial Estate Guindy, Chennai-600 032.
4.The Member Secretary The Tamil Nadu Pollution Control Board 76, Anna Salai, Guindy Industrial Estate Race View Colony Guindy, Chennai-600 032.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 18.07.2019 and take appropriate action preventing the M.Sand (CS Sand) being manufactured, supplied and marketed from the Stone Crusher units without approval certificate/certificate Page No. 1/3
of product approval obtained from PWD by conferring power on the Tamil Nadu Pollution Control Board to pass closure order against the crusher units producing M.Sand without obtaining the certificate of product approval from PWD within the time frame fixed by this court.
For Petitioner :
Mr.V.Sanjeevi For Respondents:
Mr.E.Manoharan Special Government Pleader
O R D E R
Mr.E.Manoharan, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner claims to be a Welfare Association, representing M.Sand manufacturers in Tamil Nadu. Their grievance is that through out the State, several persons are manufacturing M.Sand without getting approval or certificate from the Public Works Department about the quality of M.Sand being manufactured by them.
Therefore, they made a representation on 18.07.2019 to the respondents. It is stated that the said representation has not been considered by the respondents so far.
3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents, more particularly, second respondent to consider and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned. Accordingly, this Writ Petition is disposed of, only with a direction to the second respondent to consider the said representation and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to all the parties concerned. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mk Page No. 2/3
To 1.The Secretary to Government Industries Department Fort St. George Chennai-600 009.
2.The Secretary to Government Public Works Department Fort St. George Chennai-600 009.
3.The Director of Geology and Mining Department of Geology and Mining Industrial Estate Guindy, Chennai-600 032.
4.The Member Secretary The Tamil Nadu Pollution Control Board 76, Anna Salai, Guindy Industrial Estate Race View Colony Guindy, Chennai-600 032.
+1 cc to Mr.V.Sanjeevi Advocate sr21399 +1 cc to the Government Pleader High Court Madras sr 22174 W.P.No.6310 of 2020 aa05/06/2020 Page No. 3/3