R.Boopalan v. State Level Environment Impact Assessment Authority,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 02.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.25012 of 2021 R.Boopalan .. Petitioner

Versus

State Level Environment Impact Assessment Authority, Tamil Nadu, Rep. by its Member Secretary, 3rd Floor, Panagal Maaligai, Saidapet, Chennai 600 015.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondent to dispose the petitioner's application submitted on 16.04.2021 within the time limit prescribed by this Court. For petitioner : Mr.M.Muthappan For respondents : Mr.K.Srinivasa Moorthy (Standing Counsel)

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. Heard Mr.M.Muthappan, learned counsel for the petitioner and Mr.K.Srinivasa Moorthy, learned Standing Counsel appearing for the respondent.

3. The prayer in the Writ Petition is to issue a Writ of Mandamus, directing the respondent to dispose of the application dated 16.04.2021 within a time frame.

4. The petitioner would claim that he has applied for quarry permission to quarry 5000 Lorry loads of ordinary earth in PWD Tank in Survey No.4 (part) over an extent of 3.25.5 hectares in Alapakkam Village, Uthukottai Taluk, Tiruvallur District. But so far, no order has been passed by the respondent.

5. The learned counsel appearing for the respondent would state that on receipt of the application of the petitioner, the respondent through a letter informed the petitioner that only on the basis of the recommendation from the State Level Assessment Committee, his application will be taken up for consideration. According to the learned counsel, so far no recommendation has come from the State Level Assessment Committee.

6. The learned counsel appearing for the petitioner would submit that the petitioner is ready to approach the State Level Assessment Committee and produce necessary documents for forwarding recommendation to the respondent.

7. In the light of the limited scope of the prayer sought for in the Writ Petition and the submissions of the learned counsels appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the State Level Assessment Committee to send a report on the application of the petitioner to the State Level Environment Impact Assessment Committee, within a period of six weeks. On receipt of the same, the respondent shall pass final orders on the application of the petitioner, within a period of eight weeks therefrom, in accordance with law, after affording opportunity of personal hearing to the petitioner.

8.With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar pvs

To State Level Environment Impact Assessment Authority, Tamil Nadu, Rep. by its Member Secretary, 3rd Floor, Panagal Maaligai, Saidapet, Chennai 600 015.

+1cc to Mr.M.Muthappan, Advocate, SR.No.7476(15/03/2022) W.P. No.25012 of 2021 PMK(CO) CB(08/03/2022)