M.Umachandran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Umachandran ..
Petitioner Vs.
1. The Secretary to Government Public Works Department Fort St. George, Chennai 9
2. The District Collector Tiruvallur District.
3. The Revenue Divisional Officer Tiruvallur
4. The Tahsildar Uthokottai Taluk Tiruvallur District.
5. The Village Administrative Officer Thirukandalam Village, Uthokottai Taluk Tiruvallur District.
6. The Superintendent of Police District Police Office, Tiruvallur.
7. The Deputy Superintendent of Police Uthokottai, Tiruvallur.
8. The Assistant Director i/c Mining Department of Geology and Mining Tiruvallur District 602 001.
9. The Executive Engineer P.W.D., Kosasthalaiyar Basin Division Tiruvallur 602 001.
10.The Junior Engineer P.W.D., Kosasthalaiyar Basin Division Tiruvallur 602 001.
11.The State Level Environmental Impact Assessment Authority Chennai 600 005.
12.The Tamil Nadu Pollution Control Board Jeenis Road, Saidapet, Chennai.
13.The Tamil Nadu Pollution Control Board Tiruvallur 602 003.
14.Thirukandalam Panchayat President Thirukandalam Village, Uttukottai Taluk Tiruvallur.
15.J.Subramani ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records pertaining to the proceedings issued by the 2nd respondent bearing Na.Ka.No.463/2013/Mines2, dated 08.07.2020 for quarrying the Savudu in Eesa Eri for the period of 50 days from 28.07.2020 to
15.09.2020 and quash the same and consequently forbear the Respondents 1 to 14 to cancel the permission granted to 15th Respondent herein from carrying out any kind of mining activities in Eesa Eri situated in Survey No. 352/1 (part) at Thirukandalam Village Uthukottai Taluk, Thiruvallur District.
For the Petitioner :
Mr.T.R.Kathiravan For the Respondents :
Mr.T.K.Saravanan Government Advocate for R1 to R10 & R14 Mr.K.Srinivasamoorthy SPCCG for R11 Mrs.Shanmugavalli Sekar for R12 & R13 Mr.S.Saravanan for R15
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.T.R.Kathiravan, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 to 10 and 14, Mr.K.Srinivasamoorthy, learned Senior Panel Counsel for the Central Government, Mrs.Shanmugavalli Sekar,
learned counsel for the respondents 12 and 13 and Mr.S.Saravanan, learned counsel for the 15th respondent.
2. Learned counsel for the petitioner submits that the petitioner has passed away and he has no further instructions from the legal heirs.
3. Learned counsel for the first respondent submits that quarrying activity has been stopped.
4. In the light of that, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.181 of 2022, 14824 to 14826 of 2020 are closed.
(S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index :
Yes/No :
Yes/No kpl
To
1. The Secretary to Government Public Works Department, Fort St. George, Chennai 9
2. The District Collector, Tiruvallur District.
3. The Revenue Divisional Officer, Tiruvallur.
4. The Tahsildar, Uthokottai Taluk, Tiruvallur District.
5. The Village Administrative Officer Thirukandalam Village, Uthokottai Taluk, Tiruvallur District.
6. The Superintendent of Police, District Police Office, Tiruvallur.
7. The Deputy Superintendent of Police, Uthokottai, Tiruvallur.
8. The Assistant Director i/c Mining Department of Geology and Mining Tiruvallur District 602 001.
9. The Executive Engineer P.W.D., Kosasthalaiyar Basin Division, Tiruvallur 602 001. 10.The Junior Engineer P.W.D., Kosasthalaiyar Basin Division, Tiruvallur 602 001. 11.The State Level Environmental Impact Assesment Authority Chennai 600 005.
12.The Tamil Nadu Pollution Control Board Jeenis Road, Saidapet, Chennai 13.The Tamil Nadu Pollution Control Board Tiruvallur 602 003.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 12.01.2024