The India Cements Limited v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 06.01.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NOS.15379 and 15382 OF 2021 and W.M.P.Nos.16269 and 16272 of 2020 The India Cements Limited rep.by its Chief Manager-legal Mr.Adinarayana Rao having corporate office at ''Coromandal Towers''
No.93 Santhome High Road, Karpagam Avenue, R.A.Puram, Chennai 600 028.
... Petitioner in both petitions - Vs -
1. State of Tamil Nadu rep.by its Secretary to Government, Revenue Department, Fort St.George,
2. The District Collector, Namakkal District, Namakkal.
3. The Director, Department of Geology and Mining, ... Respondents in both petitions Common Prayer: Writ Petitions have been filed under Section 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records of the 2nd respondent relating to the impugned demand notice in proceedings in Na.Ka.No.641/Minerals/2019 dated 06.08.2019 and quash the same. For Petitioners in both petitions : Mr.P.S.Raman, Senior counsel for Mr.K.Harishankar For Respondents in all petitions : Mrs.C.Sangamithirai Additional Government Pleader
COMMON ORDER The present petitions have been filed for issuance of Certiorari to call for the records of the 2nd respondent relating to the impugned demand notice in proceedings in Na.Ka.No.641/Minerals/2019 dated 06.08.2019 and quash the same.
2. When the matter is taken up for hearing, learned Addl. Government Pleader brought to the notice of this Court that vide 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 notices levying penalty for the period aforesaid and, therefore, it is submitted that similar order may be passed in these petitions as well.
3. This Court, vide order dated 23.12.2021 in W.P. No.32563/2019, etc. Batch, while considering identical notices levying penalty on the petitioner therein for continuing quarrying operations without obtaining environmental clearance certificate, dismissed the petitions holding that the levy of penalty on the petitioner for failing to submit environmental clearance certificate is perfectly justified for the reasons stated therein. The present petitions, being on identical set of facts and circumstances, the order passed in W.P. No.32563/2019, etc. Batch, are squarely attracted and, therefore, there are no merits in this petition as well and the same deserves to be dismissed.
4. Accordingly, these writ petitions fail 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(CS V) //True Copy// Sub Assistant Registrar sk To
1. The Secretary to Government, Revenue Department, Fort St.George,
2. The District Collector, Namakkal District, Namakkal.
3. The Director, Department of Geology and Mining, +2cc to Mr.K.Harishankar, Advocate, S.R.No.1227 +2cc to Mr.K.Harishankar, Advocate, S.R.No.1228 W.P. NOS.15379 and 15382 OF 2021 MT(CO) CT 08/02/2022