M/S.Environ Bio Waste Systems India Pvt Ltd v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022

CORAM:

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MR.JUSTICE K. KUMARESH BABU M/s.Environ Bio Waste Systems India Pvt. Ltd., Having its office at No.5-7/1, Second Floor, North Hosur Road, Near Codissia Tower, Coimbatore - 641 018.

...Petitioner

Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Department of Environment, Climate Change and Forests, Fort St.George, Secretariat, Chennai - 600 009.

2.The Member Secretary, State Environment Impact Assessment Authority-Tamil Nadu, Panagal Maaligai, Saidapet, Chennai - 600 015.

3.The State Expert Appraisal Committee, Tamil Nadu, Second Floor, Panagal Maaligai, Saidapet, Chennai - 600 015.

... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 2nd Respondent to consider the petitioner's representation dated 20.05.2022 and grant the Environmental Clearance to the petitioner for establishment of the common bio-waste treatment plat at Survey Nos.553/1B , 553/2A and 553/2B of Meyyur Village, Uthukottai Taluk, Thiruvallore District.

For Petitioner : Mr.AR.L.Sundaresn, Senior Counsel for Mr.CT.Murugappan For Respondents : Mr.T.Arun Kumar for R1 Additional Government Pleader Mr.Venkatasamy Babu for R2 & R3 Senior Panel Counsel

O R D E R

(Order of the court was delivered by R.Subramanian, J.) The prayer in the Writ Petition reads as follows: The petitioner seeks a direction to direct the 2nd Respondent to consider the petitioner's representation dated 20.05.2022 and grant the Environmental Clearance to the petitioner for establishment of the common bio-waste treatment plat at Survey Nos.553/1B , 553/2A and 553/2B of Meyyur Village, Uthukottai 2/5

Taluk, Thiruvallore District.

2.Mr.Venkataswamy Babu, learned Senior Panel Counsel appearing for the second and third respondent has filed a counter stating that request for environmental clearance made by the petitioner was rejected by the Committee as early as on 29.04.2022 and the same was communicated to the petitioner. From the grounds in the Writ Petition, we find that the petitioner is aware of the rejection order dated 29.04.2022. Therefore, a mandamus after a subsequent representation, in our opinion, is not maintainable. Hence, the Writ Petition is dismissed with liberty to the petitioner to challenge the order of rejection in the manner known to law. There shall be no order as to costs. (R.S.M., J.) (K.B., J.) 09.11.2022 Index: Yes/no Internet: Yes/no Speaking order: Yes/no pam 3/5

To 1.The Secretary to Government, Department of Environment, Climate Change and Forests, Fort St.George, Secretariat, Chennai - 600 009.

2.The Member Secretary, State Environment Impact Assessment Authority-Tamil Nadu, Panagal Maaligai, Saidapet, Chennai - 600 015.

3.The State Expert Appraisal Committee, Tamil Nadu, Second Floor, Panagal Maaligai, Saidapet, Chennai - 600 015.

4/5

R.SUBRAMANIAN, J.

AND K. KUMARESH BABU, J.

pam 09.11.2022 5/5