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Madras High CourtWP/13343/2026disposed of

M/S.Gudalur High Tech Builders (Pvt.) Ltd., v. The Additional Chief Secretary To Government

2026-04-17Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.Gudalur High Tech Builders (Pvt.) Ltd., Rep. by its Managing Director, Mrs.Lizy Sebastian, Having its Place of Business at D.No.14/86, School Junction, Konnachal P.O., Erumad, Gudalur Taluk, The Nilgiris District - 643 239. ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Environment, Climate Change and Forests Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Chairman, No.76, Mount Salai, Guindy, Chennai - 600 032.

3.The District Collector, The Nilgiris District, Collectorate, Udhagamandalam, The Nilgiris - 643 001.

4.The Deputy Director of the Mudhumalai Tiger Reserve, District Forest Office, Page No.1 of 6

Udhagamandalam, The Nilgiris District.

5.The District Environmental Engineer, Udhagamandalam, The Nilgiris District - 643 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 4th respondent to pass appropriate order for the letter submitted by the 5th respondent in Lr.No.F-42/DEE/TNPCB/NLG/CTO-Direct/Details Requested/2025 dated 12.01.2026 so as to enable 5th respondent to process application ID No.7171677 dated 03.12.2025 in accordance with law within a time frame to be fixed by this Court.

For Petitioner : Mr.K.Viswanathan Senior Counsel for M/s.K.Madhu For Respondents : Dr.T.Seenivasan Special Government Pleader [R1, R3 & R4] Mr.V.Gunasekar Standing Counsel [R2 & R5] *****

ORDER

The grievance of the petitioner in this writ petition is that there is a delay in obtaining permission for the petitioner to expand production due to a delay on the part of the Forest Department to respond to the clarification sought for by the Tamil Nadu Pollution Control Board with regard to the petitioner's expansion project. Page No.2 of 6

2. On the last hearing date, i.e., 10.04.2026, learned counsel for the petitioner drew the attention of this Court to a communication sent by the Pollution Control Board to the District Forest Office on 12.01.2026, requesting clarification with regard to the petitioner's expansion project. In the said letter, the Pollution Control Board has requested the District Forest Office to furnish details of the activities allowed and activities restricted and details of Eco Sensitive Zone declaration as per the records of the Forest Department.

3. Learned Special Government Pleader, who accepted notice on behalf of the respondents 1, 3 and 4 on the last hearing date, sought time to get instructions and report before this Court as to whether the District Forest Office has sent a reply to the Tamil Nadu Pollution Control Board on the request made by the Tamil Nadu Pollution Control Board through their letter, dated 12.01.2026.

4. Today, typed-set of documents has been filed by the respondents 1, 3 and 4 through the learned Special Government Pleader. Page No.3 of 6

As seen from the same, a reply dated 01.04.2026 has been sent by the Deputy Director, Mudhumalai Tiger Reserve to the Tamil Nadu Pollution Control Board to the communication sent by the Tamil Nadu Pollution Control Board, dated 12.01.2026.

5. Learned Special Government Pleader appearing for the respondents 1, 3 and 4, on instructions, would submit that based on the said reply, a direction may be issued to the respondents 2 and 5 to pass final orders on merits and in accordance with law on the petitioner's application, dated 03.12.2025 submitted through application ID No.7171677 seeking permission to expand the production capacity of the petitioner, within a time frame to be fixed by this Court.

6. Accordingly, this Writ Petition is disposed of by directing the respondents 2 and 5 to pass final orders on merits and in accordance with law on the petitioner's application, dated 03.12.2025 submitted through application ID No.7171677 seeking permission for expanding the production in the petitioner company, after giving due consideration to the reply, dated 01.04.2026 submitted by the Deputy Director, Page No.4 of 6

Mudhumalai Tiger Reserve, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. 17.04.2026 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Environment, Climate Change and Forests Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Chairman, No.76, Mount Salai, Guindy, Chennai - 600 032. 3.The District Collector, The Nilgiris District, Collectorate, Udhagamandalam, The Nilgiris - 643 001. 4.The Deputy Director of the Mudhumalai Tiger Reserve, District Forest Office, Udhagamandalam, The Nilgiris District.

5.The District Environmental Engineer, Udhagamandalam, The Nilgiris District - 643 001. Page No.5 of 6

ABDUL QUDDHOSE, J.

sp 17.04.2026 Page No.6 of 6