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Madras High CourtWP/34258/2015closed

S.Krishnaraj v. The District Collector,

2015-12-15Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.12.2015 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice PUSHPA SATHYANARAYANA W.P.No.34258 of 2015 1.S.Krishnaraj 2.S.Vedanayaki 3.M/s.Yes Yes Minerals represented by its Partner Mr.S.Krishnaraj all 1 to 3 at No.21, Om Sakthi Street, Poolambadi Post, Veppanthattai Taluk, Perambalur District 621 110.

.. Petitioners

Versus

1.The District Collector, Nagapattinam District, Nagapattinam.

2.The District Environmental Engineer Tamil Nadu Pollution Control Board, No.14, Perumal Sannathi Street, Nagapattinam.

3.The Commissioner of Geology and Mining, Guindy Industrial Estate Post, Chennai ... Respondents Petitions filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents to hold the public hearing for grant of Environmental Clearance for Mining Lease of the petitioner over 8.59.5 hectares at Vanagiri, Sirkazhi Taluk, Nagapattinam District and submit a report to Government of India, Ministry of Environment & Forests, within a time frame.

For Petitioners ::: Mr.R.Thiagarajan Senior Counsel for Mr.V.P.Mohammed Moin For Respondents ::: Mr.S.T.S.Murthi Government Pleader assisted by Mr.V.R.Kamalanathan AGP for Mr.V.Shanmugasundar Government Advocate for R.1 and R.2.

Ms.H.Yasmeen Ali for R.3

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) In the counter filed by the Tamil Nadu Pollution Control Board, in paragraph-9, six documents have been specified as the prerequisite to proceed in the matter. Thereafter, hearing will be conducted as per procedures laid down in the Environmental Impact Assessment notice dated 25.09.2006.

2. Learned Senior Counsel appearing for the petitioner states that while according to his instructions, these documents have been given to obviate any controversy in this behalf, he will supply the copies of the 6th and listed documents within two weeks.

3. Insofar as Item No.3 is concerned, the same refers to the revalidation of the draft for Rs.70,000/- and thus the draft will be returned to the petitioner within three days and the petitioner will re-submit the draft within the same period of two weeks.

4. The process of public hearing would commence within a month of the documents being submitted.

The writ petition accordingly stands closed in the aforesaid terms. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ksr To 1.The District Collector, Nagapattinam District, Nagapattinam.

2.The District Environmental Engineer Tamil Nadu Pollution Control Board, No.14, Perumal Sannathi Street, Nagapattinam.

3.The Commissioner of Geology and Mining, Guindy Industrial Estate Post, Chennai 1 cc to Mr. Mohammed Moin, Sr. 67745 1 cc to Government Pleader, Sr. 67395 W.P.No.34258 of 2015 RV (CO) kk 4/1