M.Anbalagan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 9015 of 2020 & W.M.P.No. 10962 of 2020 M.Anbazhagan .. Petitioner vs 1.The State of Tamil Nadu rep. by its Principal Secretary to Government, Secretariat, Chennai - 9.
2.The Principal Secretary to Government, Industrial and Mining Department, Government of Tamil Nadu, Secretariat, Chennai - 9.
3.The District Collector, Villupuram District, Villupuram.
4.The Deputy Director, Department of Geology and Mining, Collectorate, Villupuram.
5.The State Level Environmental Impact Assessment Authority, Panagal Building, Saidapet, Chennai - 15.
6.The Executive Engineer, WRO, Mining and Monitoring Division, Villupuram.
7.The Assistant Engineer, Mining and Monitoring Division, T.Pudhupalayam, Thiruvennainallur Taluk, Villupuram District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of declaration declaring that the lease granted to the sand quarry at Malattar, River Poramboke in S.No.113/1B, Stin Andarayanur Village of Thiruvennainallur Taluk, Villupuram District vide proceedings of the third respondent dated 24.09.2018 in Rc.No.B/G&M/980/2017 is illegal, arbitrary and violation of mandatory requirements issued by Ministry of Environment and Forest, Union of India and consequently forbear the respondents 3 and 4 from granting any lease or permission to operate the sand quarry in Malattar River, Stin Andarayanur Village of Thiruvennainallur Taluk, Villupuram District.
For Petitioner .. Mr.K.Balu For Respondents .. Mr.G.K.Muthukumar, Spl. Govt. Pleader for R1, R3, R6 and R7 Mr.E.Manoharan, Spl. Govt. Pleader for R2 & R4
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a writ of declaration that the lease granted to the sand quarry at Malattar, River Poramboke in S.No.113/1B, Stin Andarayanur Village of Thiruvennainallur Taluk, Villupuram District vide proceedings of the third respondent dated 24.09.2018 in Rc.No.B/G&M/980/2017 is illegal, arbitrary and violation of mandatory requirements issued by Ministry of Environment and Forest, Union of India and consequently forbear the respondents 3 and 4 from granting any lease or permission to operate the sand quarry in Malattar River, Stin Andarayanur Village of Thiruvennainallur Taluk, Villupuram District, the present writ petition has been filed.
2.When the matter is taken up for hearing, learned Special Government Pleader appearing for respondents 1, 3, 6 and 7 submitted that the concerned quarry was operated by the Government, which is also closed now.
3.In view of the submission made by the learned Special Government Pleader, nothing survives for consideration in this writ petition and the same stands closed. We make it clear that in view of
the aforesaid statement made by the learned Special Government Pleader, there is no question of quarrying operation in the aforesaid place inlcuding by the Public Works Department. No costs. Consequently, connected miscellaneous petition is closed. (M.M.S., J.) (R.H., J.) 03.09.2020 Index:Yes/No mmi/ssm To 1.The Principal Secretary to Government, Secretariat, Chennai - 9.
2.The Principal Secretary to Government, Industrial and Mining Department, Government of Tamil Nadu, Secretariat, Chennai - 9.
3.The District Collector, Villupuram District, Villupuram.
4.The Deputy Director, Department of Geology and Mining, Collectorate, Villupuram.
5.The State Level Environmental Impact Assessment Authority, Panagal Building, Saidapet, Chennai - 15.
6.The Executive Engineer, WRO, Mining and Monitoring Division, Villupuram.
7.The Assistant Engineer, Mining and Monitoring Division, T.Pudhupalayam, Thiruvennainallur Taluk, Villupuram District.
M.M.SUNDRESH, J.
and R.HEMALATHA,J.
mmi/ssm W.P.No.9015 of 2020 03.09.2020