Thiru.A.D.Elango v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.Nos.91, 96, 1154, 248, 101, 103, 95, 104, 108, 145, 144, 89, 1153, 112, 282, 271, 122, 109, 1190, 1200, 180, 1336, 141, 166, 115, 157 and 290 of 2021 and C.M.P.Nos.658, 665, 7245, 7258, 1052, 1053, 672, 674, 666, 677, 680, 731, 729, 657, 7302, 7231, 685, 1150, 1123, 696, 681, 7589, 7641, 842, 8337, 8338, 720, 721, 763, 765, 690, 688, 744, 748 and 1188 of 2021 W.A.No.91 of 2021:

A.D.ELANGO .. Appellant Vs

1. THE STATE OF TAMIL NADU, REP. BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600009.

2. The District Collector, Tiruppur District, Tiruppur.

3. The State Level Environmental - Impact Assessment Authority (SEIAA), Rep. by its Chairman, 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai - 600015.

.. Respondents

PRAYER in W.A.No.91 of 2021: Appeal under Clause 15 of the Letters Patent against the order dated 12.6.2020 in W.P.No.29260 of 2019 passed by the learned Single Judge.

For the Appellant in W.A.No.91 of 2021 : Mr.K.Ramakrishna Reddy For Respondents 1 and 2 in W.A.No.91 of 2021 : Mr.P.S.Raman, Senior Counsel for Mr.P.Muthukumar State Government Pleader For 3rd Respondent in W.A.No.91 of 2021 : Mr.V.Chandrasekar Senior Panel Counsel and batch cases COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) In some of these appeals, the State accepts that environmental clearances are obtained, whereas in some of the matters, it is stated by the State that the environmental clearances are not obtained, however the demand is required to

be revised.

2. As, according to the respondents, the demands may be required to be revised and/or the grant of environmental clearance, wherever it is granted will have to be considered, the impugned demands are, as such, set aside with liberty to the respondent authorities to issue show cause notices to these appellants in respect of the revised demand, if any. After receipt of the show cause notices, the appellants 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. In the light of that, the impugned orders of the learned Single Judge stand set aside.

4. With the aforesaid observations and directions, the writ

appeals 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.) 17.10.2023 Index :

Yes/No Yes/No sasi To:

1. THE SECRETARY TO GOVERNMENT, STATE OF TAMIL NADU, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600009.

2. The District Collector, Tiruppur District, Tiruppur.

3. The State Level Environmental - Impact Assessment Authority (SEIAA), Rep. by its Chairman, 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai - 600015.

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

(sasi) 17.10.2023