K.Ganesh v. Ministry Of Environment Forest, And Climate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:23.10.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.40578, 40592 & 38815 of 2025 K.Ganesh ... Petitioner (In W.P.No.36316 of 2025) C.Sivakumar ... Petitioner (In W.P.No.34627 of 2025) N.Chellappan ... Petitioner (In W.P.No.36323 of 2025) Vs 1.Ministry of Environment, Forest, and Climate Change (MoEF) Through the Secretary, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110 003.
2.State of Tamil Nadu, Rep by Secretary to Government, Industries Department, Fort St.George, Chennai-600 009.
3.The Commissioner of Geology & Mining, Thiru, Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.
4.The District Collector, Namakkal District, 1/7
Namakkal District.
5.The State Level Environmental - Impact Assessment Authority (SEIAA), Rep by its Chairman, rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai-600 015.
Respondents (In all Wps) PRAYER in W.P.No.36316 of 2025: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the impugned demand notice passed by the 4th Respondent vide Na.Ka.No.483-23/Kanimam/2025, dated 25.07.2025, pending the statutory appeal before the 3rd Respondent, pertaining, to the lease granted in favour of the petitioner, to quarry rough stone/gravel in Survey No.179/1 over an extent of 2.12.0 Hec in Patta land situated in Periyamanali Village, Tiruchengode Taluk, Namakkal District, quash the same as illegal. PRAYER in W.P.No.34627 of 2025: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the impugned demand notice passed by the 4th Respondent vide Na.
Ka.No.483-9/Kaniamam/2025, dated 25.07.2025, pending the statutory appeal before the 3rd Respondent, pertaining, to the lease granted in favour of the petitioner, to quarry rough stone/gravel in Survey No.233/1, 2 and 3 over an extent of 4.58.0 Hec in Patta land situated in Kokalai Village, Tiruchengode Taluk, Namakkal District, quash the same as illegal.
PRAYER in W.P.No.36323 of 2025: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records of the impugned demand notice passed by the 4th Respondent vide Na.Ka.No.483-6/Kaniamam/2025, dated 25.07.2025, pending the statutory appeal before the 3rd Respondent, pertaining to the lease granted in favour of the petitioner, to quarry rough stone/gravel in Survey No.339/2 over an extent of 1.58.5 Hec in Patta land situated in Maraparai Village, Tiruchengode Taluk, Namakkal District, quash the same as illegal. For Petitioner : Mr.G.Vignesh (In all Petitions) For Respondents : Mr.V.Chandrasekaran for R-1 (In W.P.Nos.36316 & 34627 of 2025) : for RR-1 to 5 (In W.P.No.34627 of 2025) : Mr.P.S.Raman, Advocate General Assisted by Mr.
Stalin Abimanyu, Additional Government Pleader for RR-2 to 5 (In W.P.Nos.36316 & 36323 of 2025) : for RR-2 to 4 (In W.P.No.34627 of 2025) C O M M O N O R D E R These Writ Petitions have been filed challenging the impugned demand notice passed by the 4th Respondent dated 25.07.2025, pending the statutory appeal before the 3rd Respondent, pertaining, to the lease granted in favour of the petitioner, to quarry rough stone/gravel in the subject properties.
2. When the matter is taken up for hearing, learned counsel for the petitioner submits that in respect of non-obtaining of Environmental Clearance Certificate inspite of the pendency of the application with the respondents, the writ petition in W.P.No.26808 of 2019 filed by the petitioner was dismissed against which writ appeal was filed challenging the imposition of penalty and the Division Bench of this Court, in W.A.No.671 of 2020 issued direction to the petitioner to file a reply and to consider the demand notice as show cause notice and remanded the matter to the authority for consideration. However, without properly considering the same, the authority has passed the present impugned order and similar impugned order was challenged before this Court in W.P.No.33079 of 2025, etc., batch and this Court vide order dated 24.05.
2025 dismissed all the writ petitions against which writ appeals have been filed in W.A.No.226 of 2025. Learned counsel therefore prays that this Court may either direct tagging of these petitions along with W.A.No.226 of 2025 or dismiss the writ petitions so as to enable the petitioners to file writ appeals so that it may be tagged along with W.A.No.226 of 2025 and heard together.
3. Learned Advocate General appearing for the respondents submits that 4/7
the issue arises in these writ petitions is no longer res-integra as similar issue was already dealt with by this Court vide its order dated 5.6.2025 in W.P.No.33079/2025, etc., batch.
4. Considering the fact that similar issue has already been considered by this Court in W.P.No.33079 of 2025, etc., batch and learned counsel on either side submits that the present case is covered by the said order, these writ petitions are dismissed in terms with the order passed in W.P.No.33079 of 2025, etc., batch. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.
23.10.2025 (1⁄2) Index : Yes / No Speaking Order / Non-speaking order Nhs 5/7
M.DHANDAPANI, J Nhs To 1.The Secretary, Ministry of Environment, Forest, and Climate Change (MoEF) Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110 003.
2.The Secretary to Government, State of Tamil Nadu, Industries Department, Fort St.George, Chennai-600 009.
3.The Commissioner of Geology & Mining, Thiru, Vi.Ka.Industrial Estate, Guindy, Chennai-600 032.
4.The District Collector, Namakkal District, Namakkal District.
5.The Chairman, The State Level Environmental - Impact Assessment Authority (SEIAA), 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai-600 015.
W.P.Nos.36316, 34627 & 36323 of 2025 and W.M.P.Nos.40578, 40592 & 38815 of 2025 6/7
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