Madras High CourtWP/26106/2017disposed of

A. Gopinath v. Government Of India

2017-10-06Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.Nos.26106 to 26108 of 2017 A.Gopinath ... Petitioner (in W.P.Nos.26106 to 26108 of 2017) Vs.

1.The Government of India Rep. by its Secretary Ministry of Environment, Forest & Climate Change, Indira Paryavaran Bhavan Jorbagh Road, New Delhi - 110 003.

2.The District Collector Krishnagiri District, Krishnagiri.

3.The Assistant Director of Geology and Mining Krishnagiri District, Krishnagiri.

...Respondents

(in W.P.Nos.26106 to 26108 of 2017) PRAYER:

Writ Petition No.26106 of 2017 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders, on the petitioner's Wild Life Clearance application dated 12.01.2016, bearing Proposal FP/TN/MIN/523/2016, in respect of lease granted petitioner's Patta land granite quarry measuring 0.20.5 Hec, comprised in S.F.Nos.408/2B, 0.66.5 Hec, in S.F.No.410/1A, 0.16.5 Hec, in S.F.No.420/1A, 0.25.5 Hec, in S.F.No.420/1B1 & 0.39.5 Hec, in S.F.No.421/2B totally measuring 1.68.5 Hec., situated in Karandapalli Village, Denkanikottai Taluk, Krishnagiri District, Tamil Nadu.

Writ Petition No.26107 of 2017 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders, on the petitioner's Wild Life Clearance application dated 12.01.2016, bearing Proposal FP/TN/MIN/522/2016, in respect of lease granted petitioner's Patta land granite quarry measuring 0.06.0 Hec, comprised in S.F.Nos.132/1A, 0.21.0 Hec., in S.F.No.132/1B, 0.40.0 Hec., in S.F.No.132/1C & 0.09.0 Hec., in S.F.No.132/1D,

totally measuring 0.76.0 Hec., situated in Karandapalli Village, Denkanikottai Taluk, Krishnagiri District, Tamil Nadu. Writ Petition No.26108 of 2017 filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders, on the petitioner's Wild Life Clearance application dated 12.01.2016, bearing Proposal FP/TN/MIN/524/2016, in respect of lease granted government quarry lands measuring 1.50 Acres out of the total extent of 4.64.0 Hec., comprised in Survey No.463(Part), 3.00 Acres, out of the total extent of 1.96.0 Hec., in Survey No.464/4 (Part) and 2.25 Acres out of the total extent of 1.21.5 Hectares in Survey No.465/4, totally measuring 6.75 Acres, situated in Agalakottah Village, Denkanikottai Taluk, Krishnagiri District, Tamil Nadu.

For Petitioner : Mr.K.Ramakrishna Reddy (in W.P.Nos.26106 to 26108 of 2017) For Respondents : Mr.Rabu Manohar standing counsel, for R1 Mr.A.Kumar Special Government Pleader for R2 & R3 (in W.P.Nos.26106 to 26108 of 2017) C O M M O N O R D E R Mr.Rabu Manohar, learned standing counsel takes notice for the first respondent. Mr.A.Kumar, learned Special Government Pleader takes notice for the second & third respondents. By consent of the parties, these main writ petitions are taken up for final disposal at the admission stage itself.

2. Heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for the first respondent and the learned Special Government Pleader appearing for the second and third respondents.

3. In all these writ petitions, the petitioner who is one and the same is seeking for a direction to the first respondent to consider his application filed for issuing Wild Life Clearance Certificate in respect of the proposed granite quarry at the properties referred to in each writ petition. The grievance of the petitioner is that the said application filed as early as on 12.01.2016, has not been considered by the first respondent so far.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner seeking for Wild Life Clearance Certificate, as it is for the first respondent to consider such request on its own merits and in accordance with

law. Therefore, without expressing any view on the merits of the matter, I only direct the first respondent to consider and dispose of the application dated 12.01.2016 and pass orders on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To 1.The Secretary, Government of India Ministry of Environment, Forest & Climate Change, Indira Paryavaran Bhavan Jorbagh Road, New Delhi - 110 003.

2.The District Collector Krishnagiri District, Krishnagiri.

3.The Assistant Director of Geology and Mining Krishnagiri District, Krishnagiri.

+1cc to the Government Pleader Sr. 72110 +3cc to M/S.B.Rabu Manohar, Advocate Sr. 71746 & 17148 +3cc to M/S.K.Ramakrishna Reddy, Advocate Sr. 71752 to 71754 W.P.Nos.26106 to 26108 of 2017 VD(CO) VR(27/10/2017)