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Madras High CourtWP/11093/2024disposed of

E.Elangovan v. The Member Secretary

2025-03-19Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.11093 of 2024 E.Elangovan ... Petitioner Vs.

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

... Respondent Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondent to consider the petitioner's application dated 11.12.2019 and issue necessary Environment Clearance for the proposal ordinary earth (Savudu) quarry in P.W.D tank comprised in S.F.No.18(P), Velur Village, Ponneri Taluk, Tiruvallur District within the time prescribed by this Court.

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For Petitioner : Mr.M.Muthappan For Respondent : Mr.K.Srinivasa Murthy Special Panel Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents to consider the application submitted by the petitioner and issue necessary environmental clearance for the proposal ordinary earth (Savudu) quarry in P.W.D tank comprised in S.F.No.18(P), Velur Village, Ponneri Taluk, Tiruvallur District within the stipulated time.

2. This Court cannot issue any positive direction to grant licence or consider the application. However, it is brought to the notice of this Court that the application submitted by the petitioner was deferred and the authorities have advised the petitioner to submit a revised mining plan for the purpose of considering the case of the petitioner.

3. It is needless to state that the respondents is bound to consider any such claim by scrupulously following the procedures and in adherence to the Statutes 2/4

and Rules in force. All the Rules and Regulations are to be followed while taking in to consideration various facts and circumstances.

4. Thus, it is for the petitioner to submit the revised mining plan or otherwise and the authorities have to follow the procedures and take a decision.

5. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

(S.M.S., J.) (K.R.S., J.) 19.03.2025 ssi Index: Yes Speaking Order: Yes/No To:

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

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S. M. SUBRAMANIAM., J.

AND K. RAJASEKAR., J.

ssi 19.03.2025 4/4