V.Ramesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.12112, 12113 and 12115 of 2004 V.Ramesh .. Petitioner -vs1.The District Collector Thiruvallur District Thiruvallur.

2.The State Environmental Impact Assessment Authority, 3rd Floor Panagal Maligai, No.1, Jennings Road, Saidapet, Chennai - 600 015.

3.General Manager (Tech) - Bharatmala National Highways Authority of India New Delhi.

4.DGM (Tech) & Project Director National Highways Authority of India Project Implementation Unit Chittoor, Andhra Pradesh.

5.Chittoor-Thatchur Highway Private Limited 11th Floor / 1101, Hiranandani Knowledge Park, Technology Street, Powai Mumbai - 400 076.

6.The Executive Engineer Water Resource Department Araniyar Basin Division Chepaukkam, Chennai 600 005.

7.Revenue Divisional Officer Thiruvallur District, Thiruvallur.

8.The Tahsildar Uthukkottai Taluk Uthukkottai, Thiruvallur District.

9.Village Administrative Officer Perittivakkam Village Thiruvallur District.

10.M/s.S.S.Constructions Plot No.87, Road No.72 Jubilee Hills, Hyderabad-500 083.

11.The Ministry of Environment Forest and Climate Change (Impact Assessment Division) Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110 003.

(R11 impleaded as per order dated 22.04.2024 in W.P.No.11032/2024 by CJ & JSNPJ) .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 06.02.2024 in Na.Ka.No.98/2023/Mineral.2 on the file of the 1st respondent and quash the same and consequently directing the 1st and 10th respondents to restore the Perittivakkam Lake located in Survey No.163 (part), Perittivakkam Village, Tiruvallur District.

For the Petitioner :

Mr.T.Mohan, Senior Counsel for Mr.S.Bruno Cruz For the Respondents :

Mr.C.Kathiravan Special Government Pleader - for R1, R6 and R9 Mr.Su.Srinivasan Central Government Standing Counsel - for R3 and R4 Mr.Abdul Saleem for Mr.Vijay Meghanath Standing Counsel - for R10 Mr.K.Srinivasamurthy Senior Panel Counsel for Central Government - for R2 Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.K.Srinivasamurthy - for R11 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.T.Mohan, learned Senior Counsel representing Mr.S.Bruno Cruz, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for Respondents 1, 6 and 9, Mr.Su.Srinivasan, Central Government Standing Counsel

for respondents 3 and 4, Mr.Abdul Saleem representing Mr.M.Vijay Meghanath, learned Standing Counsel for the 10th respondent, Mr.K.Srinivasamurthy, learned Senior Panel Counsel for Central Government for the second respondent and Mr.AR.L.Sundaresan, learned Additional Solicitor General for the 11th respondent.

2. Learned Senior Counsel appearing for the petitioner on instructions, seeks to withdraw the writ petition with liberty to approach the National Green Tribunal.

3. The writ petition is dismissed as withdrawn with liberty to approach the National Green Tribunal as may be permissible in law. In that event, the contentions of the respective parties are kept open. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (S.V.G., CJ.) (J.S.N.P., J.) 29.04.2024 Index : Yes/No : Yes/No kst

To 1.The District Collector Thiruvallur District, Thiruvallur.

2.The State Environmental Impact Assessment Authority, 3rd Floor, Panagal Maligai, No.1, Jennings Road Saidapet, Chennai - 600 015.

3.General Manager (Tech) - Bharatmala National Highways Authority of India, New Delhi. 4.DGM (Tech) & Project Director National Highways Authority of India Project Implementation Unit, Chittoor, Andhra Pradesh. 5.Chittoor-Thatchur Highway Private Limited 11th Floor / 1101, Hiranandani Knowledge Park, Technology Street, Powai, Mumbai - 400 076. 6.The Executive Engineer, Water Resource Department Araniyar Basin Division, Chepaukkam, Chennai 600 005.

7.Revenue Divisional Officer, Thiruvallur District, Thiruvallur. 8.The Tahsildar Uthukkottai Taluk Uthukkottai, Thiruvallur District.

9.Village Administrative Officer Perittivakkam Village Thiruvallur District.

11.The Ministry of Environment Forest and Climate Change (Impact Assessment Division) Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110 003.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(kst) 29.04.2024