B.Venkatesh v. Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.Nos.24471 and 24476 of 2023 B.Venkatesh

...Petitioner in both W.Ps

-VsMember Secretary, State Level Environment Impact Assessment Authority - Tamil Nadu, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-600 015.

...Respondents in both W.Ps

Prayer in both W.Ps: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 23.06.2023 within a time frame fixed by this Court.

In both W.Ps:

For Petitioner : Mr.P.R.Raman Senior Counsel Assisted by Mr.Ashwin Premsundar For Respondents : Mr.V.Chandrasekaran Central Government Standing Counsel 1/4

COMMON ORDER By consent, these writ petitions are taken up for final disposal at the admission stage itself.

2.The petitioner has obtained a mining license to mine in Survey Nos.1/1 (Part), 1/2B (Part) and 1/3B (Part) of Thangayur Village, Edappady Taluk, Salem District. The petitioner was permitted to mine a certain quantity of multi-colour granite. While so, the petitioner has applied to the respondent for an increased quantity of mining of the said granite, which will require an environmental clearance. This application is stated to have been filed on 23.02.2023, and the same is pending consideration of the respondent.

3.In the meantime, the petitioner has given a representation dated 23.06.2023, before the respondent, intimating the latter that the former would stick to the original quantity allowed. This quantity (7,503 Cubic Meter) does not require any fresh environmental clearance. 2/4

4.The learned counsel for the petitioner submitted that he will contemplate on expanding the quantity of mining once he obtains environmental clearance based on his application made on 23.02.2023. For the present, the petitioner only seeks to permit him to mine the original quantity allotted to him, which does not require any fresh environmental clearance.

5.Mr.V.Chandrasekaran, the learned Central Government Standing Counsel takes notice for the respondent.

6.The respondent is now required to consider the petitioner's representation dated 23.06.2023 in the light of what is herein above stated within a period of four (4) weeks from the date of receipt of an online copy or the date on which the order is hosted in the official website, whichever is earlier.

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N.SESHASAYEE, J., Anu 5.These Writ Petitions stand disposed of accordingly. No Costs. 18.08.2023 Index : Yes/No Internet : Yes/No Anu To Member Secretary, State Level Environment Impact Assessment Authority - Tamil Nadu, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-600 015.

WP.Nos.24471 and 24476 of 2023 4/4