T.Mathimaran v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD) Nos.819, 830, 836, 1839, 3701, 4283 of 2020; 20987 and 20988 of 2019 and WMP (MD) Nos.600, 612, 614, 1552, 3116, 3605 of 2020; 17582 and 17583 of 2019 W.P.(MD) No.819 of 2020:

T.Mathimaran .. Petitioner Vs

1. The Government of Tamil Nadu, rep. by its Secretary to Government, Industries Department, Fort St. George, Chennai - 600 009.

2. The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai-600 032.

3 The District Collector, Tirunelveli District, Tirunelveli.

.. Respondents

PRAYER in W.P.(MD) No.819 of 2020: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records relating to the impugned Memorandum of the third respondent bearing Na.Ka.No.M3/44240-6/2019 dated 28.11.2019 with reference to the petitioner's granite quarry bearing S.F.Nos.524/1 and 525/1(P) admeasuring 1.12.0 Hectares in Mela Ambasamudram Village, Ambasamudram Taluk, Tirunelveli District, quash the same. For the Petitioner in W.P.(MD) No.819 of : Mr.G.Masilamani Senior Counsel for Mr.V.Sanjeevi For Respondents in W.P.(MD) No.819 of : Mr.P.S.Raman, Senior Counsel for Mr.P.Muthukumar State Government Pleader and batch cases COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) In some of these petitions, the State accepts that environmental clearances are obtained and the demand is required to be revised.

2. As, according to the respondents, the demands may be required to be reconsidered upon the grant of environmental clearance, the impugned demands are, as such, set aside with liberty to the respondent authorities to issue show cause notices to these petitioners in respect of the revised demand, if any. After receipt of the show cause notices, the petitioners can file their reply along with all relevant documents raising all possible grounds and defences available, which certainly would be considered by the respondent authorities before raising final demand.

3. With the aforesaid observations and directions, the writ petitions are disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed. (S.V.G., CJ.) (D.B.C., J.) 23.11.2023 Index :

Yes/No Yes/No bbr

To:

1. The Secretary to Government, Government of Tamil Nadu, Industries Department, Fort St. George, Chennai - 600 009.

2. The Director of Geology and Mining, Department of Geology and Mining, Guindy, Chennai-600 032.

3 The District Collector, Tirunelveli District, Tirunelveli.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr W.P.(MD) Nos.819, 830, 836, 1839, 3701, 4283 of 2020; 20987 and 20988 of 2019 23.11.2023