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Madras High CourtWP/8061/2013disposed of

Thervoy Gramam Munnetra Nala v. Ministry Of Environment And

2016-08-18Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.8061 of 2013 and M.P.No.1 of 2013 Thervoy Gramam Munnetra Nala Sangam (Reg.87/09), rep. by its Secretary K.Mahesh, Thervoy Village, Gummidipoondi Taluk, Thiruvallur District.

.. Petitioner -vs1.Ministry of Environment and Forests, through the Secretary, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110 003.

2.Tamil Nadu Pollution Control Board, through the Member Secretary, 76, Mount Salai, Guindy, Chennai-600 032.

3.M/s.State Industries Promotion Corporation of Tamil Nadu (SIPCOT), rep. by its Chairman and Managing Director, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

4.Michelin India Tamilnadu Tyres (P) Limited, SF No.32/2 and 33/2, Thervoy Kandigai Village, Gummidipoondi Taluk, Thiruvallur District-601 202.

5.M/s.Tropical Breweries (P) Ltd., Thervoy Kandigai Village, Gummidipoondi Taluk, Thiruvallur District-601 202.

.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records and quash the Environmental Clearance granted by the Ministry of Environment and Forests vide its letter No.2141/2009-I.A.III dated 09.08.2010 to M/s.State Industries Promotion Corporation of Tamil Nadu (SIPCOT), for the development of Industrial Park at SIPCOT, Thervoy Kandigai, Thiruvallur District, Tamil Nadu.

For Petitioner :

Ms.D.Nagasaila For Respondents :

Ms.Rita Chandrasekar for R2 Mr.M.K.Subramanian Govt. Pleader for R3 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for parties state that since the issue pertains to the challenge to the environmental clearance granted on 09.08.2010 in favour of SIPCOT, let the matter be transferred to the National Green Tribunal, Chennai Bench in view of the judgment of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan and others v. Union of India and others, reported in (2012) 8 SCC 326. Ordered accordingly. bbr s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110 003.

2.The Member Secretary, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai-600 032.

3.The Chairman and Managing Director, M/s.State Industries Promotion Corporation of Tamil Nadu, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

+ 1 cc to M/s.D.Nagasaila, Advocate SR 47416 ctk(co) prk2/9 W.P.No.8061 of 2013