Noyyal River Ayacutdars v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.25401 of 2015 and M.P.No. 2 of 2015 Noyyal River Ayacutdars Protection Association (Regd. No.64 of 2013), rep. by its Vice President K.C.Kulandasamy, Anjur P.O., Via Kodumudi-638 151.
.. Petitioner -vs1.Union of India, rep. by the Secretary to Government, Ministry of Environment and Forest, New Delhi-110 001.
2.The Loss of Ecology, (Prevention & Payments of Compensation) Authority for the State of Tamil Nadu, rep. by its Administrative Officer (Judicial), Old No.119, New No.26, G.N.Chetty Road, II Floor, T.Nagar, Chennai-17.
3.The Principal Secretary, Government of Tamil Nadu, Fort St. George, Chennai.
4.The District Collector, Tiruppur District, Tiruppur.
5.The District Collector, Karur District, Karur.
6.The District Collector, Erode District, Erode.
7.The Tamil Nadu Pollution Control Board, rep. by its Member Secretary, GST Road, Guindu, Chennai-600 025.
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 3rd respondent passed on 17.03.2015 in G.O.Ms.No.37, E & F (EC 1) Department, quash the same and consequently to direct the respondents 1 to 3 and 7 to determine the compensation payable to the members of the petitioners Association and adjust the amount already paid to the 369 members of the petitioners Association, pay the remaining amount together with interest.
For Petitioner : Mr.M.L.Ramesh For Respondents : Mr.Su.Srinivasan Asst. Solicitor General for R1 Mr.STS.Moorthy Govt. Pleader for R2 to R6 Ms.Rita Chandrasekaran for R7
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) After some arguments, the learned counsel for the petitioner seeks to withdraw the writ petition as he states that he will either move the Hon'ble Supreme Court seeking modification of the order so that the members of the petitioner Association would continue to retain the amount which was paid to them or in the alternative, move in the contempt petition for atleast some breathing time in view of the given facts and circumstances. Endorsement has been made.
2. The writ petition is dismissed as withdrawn in terms aforesaid. No costs. Consequently, M.P.No.2 of 2015 is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar bbr To 1.The Secretary to Government, Ministry of Environment and Forest, New Delhi-110 001.
2.The Loss of Ecology, (Prevention & Payments of Compensation) Authority for the State of Tamil Nadu, rep. by its Administrative Officer (Judicial), Old No.119, New No.26, G.N.Chetty Road, II Floor, T.Nagar, Chennai-17.
3.The Principal Secretary, Government of Tamil Nadu, Fort St. George, Chennai.
4.The District Collector, Tiruppur District, Tiruppur.
5.The District Collector, Karur District, Karur.
6.The District Collector, Erode District, Erode.
7.The Tamil Nadu Pollution Control Board, rep. by its Member Secretary, GST Road, Guindu, Chennai-600 025.
+1 cc to Mr.M.L.Ramesh, Advocate, sr.48783 +1 cc to Mr.Ramesh, Advocate, sr.49065 +1 cc to Mr.S.U.Srinivasan, Advocate, sr.48787 +1 cc to Government Pleader, sr.48635.
W.P.No.25401 of 2015 bvr co kra 18/09