M/S.Dalmia Bharat Sugar And Industries Ltd v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2023

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR and THE HON'BLE MR.JUSTICE P.B.BALAJI and CMP.No.6945 of 2022 M/s.Dalmia Bharat Sugar & Industries Ltd., (Previously known as Dalmia Cement (Bharat) Ltd., a company incorporated under Indian Companies Act, 1913, having its office at Dalmiapuram, Tiruchirapalli District , Tamil Nadu interalia carrying on business under the name and style of Dalmia Magnesite Corporation at Salem, Tamil Nadu - 636 012, Rep by Ambuj Kumar Stivastava, Constituted Attorney ..

Appellant vs.

1.The State of Tamil Nadu, Rep by its Secretary to Government, Department of Industries, Fort St.George, Chennai-600 009.

2.The District Collector, Collectorate, Salem -636 001.

3.Ministry of Environment, Forests and Climate Change, Government of India, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi- 110 011.

..

Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 12.06.2020 made in W.P.No.894 of 2020. For Appellant : Mr.T.Poornam and Mr.V.S.Rishwanth For Respondents : Mr.S.Silambanan, Additional Advocate General assisted by Mrs.Geetha Thamaraiselvan, Special Government Pleader for R1 & R2 Mr.K.Srinivasamurthy for R3

JUDGMENT

(Judgment of the Court was made by Justice D.Krishnakumar, J.) The learned counsel for the appellant has filed a memo before this Court in pursuant to the communication sent by the Commissioner of Geology and Mining, Chennai in Rc.No.1355/MM9/2006 dated 09.12.2022 addressed to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryvaran Bhawan, Jor Bagh, New Delhi, namely the third respondent and submitted that in view of the aforesaid communication, seeks for withdrawal of the present writ appeal with liberty to challenge at a later stage, if any adverse orders are passed by the respondents

2. The learned Standing Counsel appearing for the respondents, without prejudice to their rights, have expressed no objection for withdrawal of the writ appeal.

3. In the light of the above, the writ appeal stands dismissed as withdrawn with the above liberty. No costs. Consequently, connected miscellaneous petition is also dismissed.

[D.K.K., J.] [P.B.B., J.] 27.07.2023 Index : Yes / No Internet : Yes / No Jvm To 1.The Secretary to Government, The State of Tamil Nadu, Department of Industries, Fort St.George, Chennai-600 009.

2.The District Collector, Collectorate, Salem -636 001.

3.Ministry of Environment, Forests and Climate Change, Government of India, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi- 110 011.

D.KRISHNAKUMAR, J., AND P.B.BALAJI, J.

27.07.2023