V. Palanivel, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. Nos.37043 of 2006 & 8125 & 23122 of 2007 and M.P.Nos.2,3,4 of 2006 and M.P.Nos.1 & 2 of 2007 and M.P.Nos.1 to 3 of 2007 W.P.No.37043 of 2006:

1.V.Palanivel 2.Elumalai .. Petitioners 4.The Inspector of Factories, Semmandalam, Cuddalore-607 001.

5.Chemplast Sanmar Ltd., 9, Cathedral Road, Chennai-600 086.

W.P.No.8125 of 2007:

S.Elumalai .. Petitioner 4.Director, Department of Environment in his capacity as Ex officio Director, Tamilnadu Coastal Zone Management Authority, Panagal Building, Saidapet, Chennai.

5.Chemplast Sanmar Ltd., 9, Cathedral Road, Chennai-600 086.

W.P.No.23122 of 2007:

The People Legal Awareness and Consumer Welfare Association, rep. by its Secretary, 404, School Street, Sandrorpalayam Village, .. Petitioner

4.The State Industries Promotion Corporation of Tamilnadu Ltd. (SIPCOT), rep. by its Managing Director, 19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai-600 008.

5.The District Collector, Cuddalore District, 6.The Chemplast, SIPCOT Industrial Complex, W.P.No.37043 of 2006 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records in order dated 28.11.2005 in Proceedings No. NIL issued by the first respondent, and quash the same. W.P.No.8125 of 2007 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari call for the records and quash the Environmental Clearance dated 19.12.2005 given by the first respondent read with the consent order No.3451 dated 14.09.2006 issued by the third respondent and direct the respondents 1 to 4 not to permit the construction of the Marine Terminal Facility at Chittrapettai Village, Cuddalore District by the fifth respondent without first obtaining the clearance under the Environment Impact Assessment notification SO 1533 dated 14.09.2006.

W.P.No.23122 of 2007 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records relating to the 1st respondent's approval letter dated 28.11.2005 and quash the same.

For Petitioners :

Ms.D.Geetha in W.P.37043/2006 Ms.D.Nagasaila in W.P.8125/2007 Mr.K.Sakthivel in W.P.23122/2007 For Respondents :

Mr.G.Rajagopal Addl. Solicitor General assisted by Mr.G.VEnkatesan, CGSC for R1 in all WPs.

Mr.M.K.Subramanian Spl. G.P. (Forest) for R2 in W.P.37043/2006 & 23122/2007 & R2 & R4 in W.P.8125/2007 Ms.Rita Chandrasekar for R3 in all WPs.

Mr.V.Shanmugasundar Govt. Advocate for R4 in W.P.37043/2006 Mr.Raghunathan for R5 in W.P.37043/2006 & 8125/2007 & R6 in W.P.23122/2007 Ms.Sudarsanasundar for R4 in W.P.23122/2007 Mr.V.R.Kamalanathan Addl. G.P. For R5 in W.P.23122/2007 C O M M O N O R D E R (Order of the Court was made by The Hon'ble Chief Justice) The learned Additional Solicitor General points out that the challenge to the impugned order has been rejected by the Hon'ble Supreme Court and the present writ petitions were actually transferred to the Hon'ble Supreme Court and dismissed in Civil Appeal No.2284 of 2010, decided on 10.03.2010 (M.Nizamudeen v. M/s.Chemplast Sanmar Limited and others) and other connected matters.

2. In view of the aforesaid, the present writ petitions do not survive as they already stand dismissed. No costs. Consequently, all connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, 2.The Secretary to Government, Fort St. George, Chennai-600 009.

3.The Chairperson, Tamil Nadu Pollution Control Board, 4.The Managing Director, State Industries Promotion Corporation of Tamilnadu Ltd. (SIPCOT), 19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai-600 008.

5.The District Collector, Cuddalore District,

6. The Director, Department of Environment in his capacity as Ex officio Director, Tamilnadu Coastal Zone Management Authority, Panagal Building, Saidapet, Chennai.

+1cc to Mr.G.Venkatesan, Advocate sR.38790 1cc to the Special Government Pleader Sr.38795 W.P.Nos.37043/2006 8125 & 23122 of 2007 vs[co] srg 23/07/2016