G.Ramanujam v. The Ministry Of Environmnet,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN G.Ramanujam .. Petitioner Vs.

1.The Ministry of Environment, Forest and Climate Change, rep.by its Secretary, Government of India Indira Paryavaran Bhawan Jorbagh Road New Delhi 110 003.

2.The Ministry of Environment, Forest and Climate Change, rep.by its Secretary, Government of Tamil Nadu Fort St George, Chennai 600 009.

3.The District Collector District Collectorate Udhagamandalam The Nilgiris 643001.

4.The District Environmental Engineer Tamil Nadu Pollution Control Board Additional Collectorate, New Building Block II, Ground Floor, Finger Post Udhagamandalam-643 006.

5.The Forest Range Officer Pandalur Range, Gudalur The Nilgiris.

6.The Superintending Engineer Construction and Maintenance Highways Department, No.1653, Highways Compound Trichy Road, Coimbatore 641018.

7.The Divisional Engineer Quality Control, Highway Complex Trichy Road, Coimbatore 641 018.

8.The Divisional Engineer Highway C&M, Bombay Castle Ooty 643 001.

9.P.Rayin Civil and Conveyance Contractor SF No.112/1E1/A1, Devala Village Gudalur Village, Gudalur Taluk The Nilgiris 643270.

10.P.Rayin Construction Company Pvt Ltd Cherambadi, Cherambadi Chungam, The Nilgiris 643 205.

.. Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents herein to dispose of representation herein dated 25.10.2022 within the time as may be fixed by this Court.

For Petitioner :

Mr.R.Ramamoorthy For R1 :

Mr.R.Sidharth For RR2,3,5 to 8 :

Mr.P.Muthukumar Government Pleader For RR9 & 10 :

Mr.G.Dhinesh for M/s.Wilson Associates

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1) Mr.R.Sidharth, learned counsel accepts notice on behalf of the 1sts respondent ; Mr.P.Muthukumar, learned Government Pleader accepts notice on behalf of respondents 2, 3 5 to 8 and Mr.G.Dhinesh, learned counsel accepts notice on behalf of respondents 9 and 10.

(2) This writ petition is filed for issuance of a writ of mandamus directing the respondents to dispose of the petitioner's representation

dated 25.10.2022.

(3) The learned counsel for the petitioner referred to the representation and submitted that serious objections have been raised as against the 9th respondent for the establishment of tar mixing plant which is within the prohibited distance from the Forest lands. (4) In the representation submitted by the petitioner, several factual issues have been raised. Therefore, having regard to the limited scope of the prayer that is now sought for before this Court in this writ petition, this Court, without expressing any opinion on the merits of the petitioner's representation, directs the 4th respondent to consider and dispose of the petitioner's representation dated 25.10.2022 after holding an enquiry and giving adequate opportunity to the petitioner as well as the 9th respondent and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner and the 9th respondent herein.

(5) The writ petition stands disposed of accordingly. No costs. [SSSRJ] [AANJ] 19.01.2023 AP Internet : Yes To 1.The Secretary, Government of India Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan Jorbagh Road, New Delhi 110 003.

2.The Secretary, Government of Tamil Nadu Ministry of Environment, Forest and Climate Change, Fort St George, Chennai 600 009.

3.The District Collector District Collectorate Udhagamandalam The Nilgiris 643001.

4.The District Environmental Engineer Tamil Nadu Pollution Control Board Additional Collectorate, New Building Block II, Ground Floor, Finger Post Udhagamandalam-643 006.

5.The Forest Range Officer

Pandalur Range, Gudalur The Nilgiris.

6.The Superintending Engineer Construction and Maintenance Highways Department, No.1653, Highways Compound Trichy Road, Coimbatore 641018.

7.The Divisional Engineer Quality Control, Highway Complex Trichy Road, Coimbatore 641 018.

8.The Divisional Engineer Highway C&M, Bombay Castle Ooty 643 001.

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J., AP 19.01.2023