Madras High CourtWP/15548/2026disposed of with direction

N.Gomathi v. The Chairperson

2026-04-24Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI N.Gomathi No.108 South Street Morattupalayam Uthukuli, Thiruppur 638752.

..Petitioner(s) Vs

1. The Chairperson Tamil Nadu Pollution Control Board 76 Mount Salai, Guindy, Chennai 600032.

2. The Member Secretary Tamil Nadu Pollution Control Board 76 Mount Salai, Guindy, Chennai 600032.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board, Thiruppur North, II ndfloor, Kumaran Complex, Kumaran Road, Thiruppur 641601.

..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider and pass orders on the representation submitted by the petitioner dated 02/09/2025 to furnish the copy of files pertaining to the minutes of public hearing conducted on 06/07/2022 and received by the respondents on 11/08/2022 and to pass appropriate orders as this Honourable Court deem fit and proper and render justice.

For Petitioner(s):

Mr.B.Sasidaran

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to consider and pass orders on the representation submitted by the petitioner dated 02.09.2025 to furnish the copy of files pertaining to the minutes of public hearing conducted on 06.07.2022 which was received by the respondents on 11.08.2022.

2. Heard the learned counsel for the petitioner. Since no adverse order is to be passed against the respondents in the present Writ Petition, notice to them is dispensed with and the matter is taken up for hearing at the admission stage itself.

3. The learned counsel for the petitioner that the petitioner is the absolute owner of the patta land in Survey No.96/1A measuring to an extent of 0.66.5 hectares situated as Morattupalayam Village, Uthukuli Taluk, Tiruppur District and she applied for grant of quarry lease for quarrying rough stone in her patta land following the procedures contemplated under Tamil Nadu Minor Mineral Concession Rules enclosing all necessary documents and prescribed fees and also applied for Environmental Clearance (EC) before the SEIAA as per the

Environmental Impact Assessment (EIA) Notification, 2006 for which Terms of Reference was issued by SEIAA, directing to conduct public hearing through the Tamil Nadu Pollution Control Board, pursuant to which, the same was conducted and minutes were recorded, which were mandated for processing the EC application. He contended that despite completion of the same, no communication to the petitioner for more than two years and hence, the petitioner submitted applications under Right to Information Act, for which the third respondent sent a reply stating that the entire files of the subject issue were forwarded to the first respondent on 11.08.2022 and thereafter, there was no progress and EC proposal was pending due to non submission of the public hearing minutes. He added that the petitioner submitted written representations followed by repeated reminders from 2023 to 2025 and since no progress, she submitted a consolidated representation dated 02.09.2025 which was received by the second respondent on 04.09.2025, which also evoked no response and hence, the present Writ Petition.

4. Furthermore, the learned counsel for the petitioner submitted that it would be suffice to issue a direction to the second respondent to consider the petitioner's representation dated 02.09.2025 and to pass appropriate orders in the subject issue, within a reasonable time.

5. Considering the facts and circumstances of the case and also taking note of the submissions of the learned counsel for the petitioner, the second respondent is directed to consider the petitioner's representation dated 02.09.2025 and to pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

24-04-2026 Index: Yes/No Speaking/Non-speaking order DP

1. The Chairperson Tamil Nadu Pollution Control Board 76 Mount Salai, Guindy, Chennai 600032.

2. The Member Secretary Tamil Nadu Pollution Control Board 76 Mount Salai, Guindy, Chennai 600032.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board, Thiruppur North, II Floor, Kumaran Complex, Kumaran Road, Thiruppur 641601.

M.DHANDAPANI, J.

DP 24-04-2026