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Madras High CourtWP/24618/2023disposed of

B.Gopinathan v. State Level Environment Impact

2023-09-14Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA W.P.No. 24618 of 2023 B. Gopinathan .....Petitioner vs

1. State Level Environmental Impact Assessment Authority (SEIAA), Rep. By its Member Secretary 3rd Floor, Panagal Maaligai No.1, Jeenis Road, Saidapet, Chennai-600015

2. State Level Expert Appraisal Committee (SEAC) Rep. By its Chairman 3rd floor, Panagal Maaligai No.1, Jeenis Road, Saidapet, Chennai-600015. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's proposal bearing online EC proposal No SIA/TN/MIN/417896/2023 dated 11.02.2023 and file no. 9830 of 2023 dated 16.02.2023 process the same, and grant Environmental Clearance to the petitioner to quarry rough stone and gravel over an extent of 1.00.0 Hectare of patta land comprised in S.F.Nos.27/3A (P) 27/4 (P), 27/5 (P), 27/6 and 27/8 of Mambakkam Village, Sriperumpudur Taluk, Kancheepuram District, in accordance with law and on merits. Page 1/4

For Petitioner : Mr.S.Saravanan For Respondents : Mr.Venkatasamy Babu for R1 and R2 Senior Panel Counsel

ORDER

(Order of the Court was made by J.Nisha Banu,J.) This writ petition has been filed to direct the respondents to consider the petitioner's proposal bearing online EC proposal No SIA/TN/MIN/417896/2023 dated 11.02.2023 and file no. 9830 of 2023 dated 16.02.2023 process the same, and grant Environmental Clearance to the petitioner for the Quarry rough stone and gravel over an extent of 1.00.0 Hectare of patta land comprised in S.F.Nos.27/3A (P) 27/4 (P), 27/5 (P), 27/6 and 27/8 of Mambakkam Village, Sriperumpudur Taluk, Kancheepuram District, in accordance with law and on merits.

2.Today when the matter is taken up for hearing, learned Senior Panel Counsel appearing for the respondents would state that the petitioner's application for Environmental Clearance for the Proposed Rough Stone and Gravel quarry lease has been rejected by the State Expert Appraisal Committee (SEAC) and the same has been communicated to the petitioner vide letter dated 14.08.2023. Page 2/4

3. Learned counsel appearing for the petitioner would state that he is not aware as to whether the said order has been communicated to the petitioner or not. The learned Senior Panel counsel appearing for the respondents has served the copy of the rejection order to the petitioner counsel wherein, the request of the petitioner for Environmental Clearance has been rejected.

4. In view of the rejection order, nothing survives for adjudication in this matter. If the petitioner is aggrieved, he is at liberty to challenge the same in the manner known to law.

5. Accordingly, this Writ Petition is dismissed. No costs. (J.N.B,J.) (N.M., J.) Index : Yes / No 14.09.2023 msv To

1. Member Secretary State Level Environmental Impact Assessment Authority (SEIAA), 3rd Floor, Panagal Maaligai No.1, Jeenis Road, Saidapet, Chennai-600015

2. State Level Expert Appraisal Committee (SEAC) Rep. By its Chairman 3rd floor, Panagal Maaligai No.1, Jeenis Road, Saidapet, Chennai-600015.

Page 3/4

J. NISHA BANU, J.

and N.MALA,J.

msv W.P.No. 24618 of 2023 14.09.2023 Page 4/4