M/S.P.N.R.Blue Metals v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.14812 of 2023 and WMP.Nos.14367 & 14369 of 2023 M/s.P.N.R.Blue Metals Rep.by its Proprietor Mr.P.N.Rajan J.N.Palayam, Arasur Udumalpet Taluk 642 122.
...Petitioner
Vs.
1.The Government of Tamil Nadu Rep.by its Secretary to Government Environment and Forest Department Fort St.George, Chennai 600 009.
2.The District Collector Tiruppur District Tiruppur.
3.The Principal Chief Conservator of Forest and Chief Wildlife Warden Forest Headquarters Building Guindy- Velachery Main Road (near Kanikapuram Check post) Chennai 600 032.
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4.The Deputy Director Anamalai Tiger Reserve Tiruppur Division Udumalpet.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the communication bearing Ref.No.WL5/34067/2022 dated 31.01.2023 on the files of the third respondent and quash the same and consequently direct the third respondent to issue No Objection Certificate to the petitioner for carrying on quarrying of 62995 cu.m of rough stone and 8118 cu.m of gravel in S.F.Nos.55/2B and 55/4A, Arasur Village, Udumalpet Taluk, Tiruppur District.
For Petitioner : Mrs.Rita Chandrasekar For Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mrs.S.Mythreye Chandru Special Government Pleader 2/6
O R D E R
This Writ Petition is filed challenging the communication of the third respondent to Conservator of Forests and Field Director, Anamalai Tiger Reserve, Coimbatore.
2. When the Writ Petition is taken up for hearing, the learned Additional Advocate General appearing for the respondents raised a preliminary objection that the communication impugned in this Writ Petition is only an inter departmental communication between the third respondent and the Conservator of Forests and Field Director. Therefore, the petitioner is not entitled to challenge the same.
3. The learned Additional Advocate General also submitted that order will be passed by the third respondent within three weeks from today in the application submitted by the petitioner seeking No Objection Certificate. The said statement is recorded.
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4. In view of the statement made by the learned Additional Advocate General, no further orders are necessary in this Writ Petition. Accordingly, the Writ Petition is closed with liberty to the petitioner to challenge the order passed by the third respondent if it is adverse to the petitioner.
5. Accordingly, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. 01.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6
To 1.The Secretary to Government Environment and Forest Department Fort St.George, Chennai 600 009.
2.The District Collector Tiruppur District Tiruppur.
3.The Principal Chief Conservator of Forest and Chief Wildlife Warden Forest Headquarters Building Guindy- Velachery Main Road (near Kanikapuram Check post) Chennai 600 032.
4.The Deputy Director Anamalai Tiger Reserve Tiruppur Division Udumalpet.
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S.SOUNTHAR , J.
dna W.P No.14812 of 2023 and WMP.Nos.14367 & 14369 of 2023 01.08.2023 6/6