M/S Satheesh Mines And Industries, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.12613 of 2020 and W.M.P.Nos.15568 and 15569 of 2020 M/s.Satheesh Mines and Industries, rep.by its Partner Mr.Jayabal, 63, SIDCO, Muthalipalayam, Tirupur 641 603.
...Petitioner
Vs.
1. The District Collector, Villupuram District.
2. Deputy Director, O/O.Deputy Director Geology & Mining Villupuram District.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file fo the first respondent made in Na.Ka.No.A/Pu&Su/297/2019-27 dated 06.07.2020 and quash the same and consequently direct the respondents not to interfere with the petitioners quarry operation and to issue necessary permit for transportation of Black Granite in an extent of 1.12.0 ha of land in S.F.No.6/5, 7/2A, 7/4, 7/5 and 7/7 of Kunnam Village, Vanurtaluk, Villupuram District.
For Petitioner : Mr.G.Selvi George For Respondents : Mr.B.Vijay Additional Government Pleader
O R D E R
The present petition has been filed assailing the impugned Memorandum issued by the 1st respondent in and by which penalty has been levied on the petitioner for continuing quarrying operations without obtaining environment clearance between 15.1.2016 and 10.01.2017.
2. When the matter is taken up for hearing, learned Addl. Government Pleader brought to the notice of this Court that vide https://hcservices.ecourts.gov.in/hcservices/
order dated 23.12.2021 in W.P. No.32563/2019, etc. Batch, this Court had dismissed the petitions filed by the petitioners therein, questioning similar show cause notice levying penalty for the period aforesaid and, therefore, it is submitted that similar order may be passed in this petition as well.
3. This Court, vide order dated 23.12.2021 in W.P. No.32563/2019, etc. Batch, while considering identical show cause notices levying penalty on the petitioners therein for continuing quarrying operations without obtaining environmental clearance certificate, dismissed the petitions holding that the levy of penalty on the petitioners for failing to submit environmental clearance certificate is perfectly justified for the reasons stated therein. The present petition, being on identical set of facts and circumstances, the order passed in W.P. No.32563/2019, etc. Batch, is squarely attracted and, therefore, there are no merits in this petition as well and the same deserves to be dismissed.
4. Accordingly, the writ petition fails and, accordingly, the same is dismissed. Consequently, connected miscellaneous petitions are closed. However, in the circumstances of the case, there shall be no order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sk To
1. The District Collector, Villupuram District.
2. Deputy Director, O/O.Deputy Director Geology & Mining Villupuram District.
+1cc to Mrs.Selvi George, Advocate, S.R.No.2807 +1cc to the Government Pleader, S.R.No.3026 W.P.No.12613 of 2020 MT(CO) RGA(09/02/2022) https://hcservices.ecourts.gov.in/hcservices/