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Madras High CourtWP/31254/2018disposed of

S.Joel v. The Inspector General Of Forests

2023-12-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Joel ..

Petitioner Vs.

1. The Inspector General of Forests Ministry of Environment and Forests, Climate Change Government of India Paryavaran Bhavan, CGO Complex Lodhi Road, New Delhi 110 003.

2. The Central Vigilance Commissioner Central Vigilance Commission Satarkata Bhavan A Block GPO Complex, INA, New Delhi 110 023.

3. The Home Secretary cum State Vigilance Commissioner Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.

4. The Principal Secretary Government of Tamil Nadu Municipal Administration and Water Supplies Department cum The Chairman, TWAD Board Secretariat, Fort St. George, Chennai 600 009.

5. The Principal Secretary Department of Environment and Forest Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.

6. The Joint Director and Head of Zone Central Bureau of Investigation 3rd Floor, EVK Sampath Building College Road, Chennai 600 006.

7. The Managing Director TWAD Board, TWAD House No.31, Kamarajar Salai Chepauk, Chennai 600 005.

8. The Principal Chief Conservator of Forest Panagal Maligai, No.1, Jeenis Road Saidapet, Chennai 600 015.

9. The Addl. Principal Chief Conservator of Forest (Central) MOEF & CC, Regional Office (South Eastern Zone) 1st and 2nd Floor, HEPC Building No.34, Cathedral Garden Road Nungambakkam, Chennai 600 034.

10.The District Collector Thoothukudi District Office of the District Collector Korampallam, Thoothukudi.

11.The District Forest Officer Tuticorin Division Tuticorin 628 002.

12.The Superintending Engineer PWD, Project Circle Water Resources Organisation Tamirabarani Basin Circle Palayamkottai, Tirunelveli 637 002.

13.The Executive Engineer Tamil Nadu Water and Drainage Board Urban Division, No.9-A, Toovipuram 4th Street Thoothukudi 638 003.

14.M/s. Southern Petrochemical Industries Corporation Ltd.

Rep. by its General Manager-Legal SPIC House, No.88, Mount Road Chennai 32.

15.M/s. Tuticorin Alkali Chemicals Rep. by its General Manager-Legal SPIC House, No.88, Mount Road Chennai 32.

16.M/s. Heavy Water Plant Rep. by its Manager, HWP Colony SPIC Nagar, Muthiahpuram Thoothukudi 628 005.

17.M/s. Tuticorin Thermal Power Station Rep. by its Chief Engineer, Harbour Estate Tuticorin Beach Road, Salt Pans Thoothukudi 628 004.

18.M/s.DCW Ltd.

Rep. by its Senior General Manager Arumuganeri, Sahupuram Post Thoothukudi District 628 229.

19.M/s.SIPCOT Rep. by its Assistant General Manager-Law SIPCOT Industrial Complex Tuticorin Madurai Bye-Pass Road Thoothukudi 628 002.

20.M/s.Sterlite Industries (India) Ltd.

Rep. by its Authorised Signatory SIPCOT Industrial Complex Tuticorin Madurai Bye-Pass Road Thoothukudi 628 002.

21.M/s.Zirconium and Titanium Rep. by its Manager, Zirconium Complex Thiruchendur Road, Pazhayakayal Thoothukudi.

22.M/s.Kadalkanny Frozen Foods Rep. by its General Manager 3/52-A, Krishnarajapuram Tuticorin 628 002.

23.M/s. Theva and Company Rep. by its Manager No.5/55, Senthilampannan Tuticorin Bus Stand, Tuticorin 628 002.

24.M/s.Ethayam Frozen Foods Pvt. Ltd.

Rep. by its Director, No.3/52-B, V.E.Road Krishnarajapuram, Tuticorin 628 002.

25.M/s.Nila Sea Frozen Pvt. Ltd.

Rep. by its Managing Director No.137, Pudupandiapuram Tuticorin 628 002.

26.M/s.Kalpaka Chemcials Pvt. Ltd.

No.4/133, 3rd Street, Muthammal Colony Tuticorin 628 002.

27.M/s.Indian Tropical Agro Products Rep. by its Managing Partner PO Box No.141, SIPCOT Industrial Estate Tuticorin Madurai Bye-Pass Road Thoothukudi 628 002.

28.M/s.Amulya Sea Foods Rep. by its Managing Director No.137, Pudurpandiapuram Tuticorin 628 002.

29.M/s.Kadir Investments Ltd.

Rep. by its Manager Tuticorin.

30.M/s.Nila Cold Storage Pvt. Ltd Rep. by its Managing Director No.137, Pudurpandiapuram Tuticorin 628 002.

31.M/s.Golden Garnet Also Known as M/s.Indian Ocean Garnet Sands Pvt. Ltd. Rep. by its Chief Executive Officer No.146, Palayamkottai Road Palayamkottai, Thoothukudi 628 003.

32.M/s.Kader Investment and Trading Company Pvt. Ltd.

Rep. by its Manager No.2/91, Rameshwaram Mandapam Road Taruvaikulam, Pattinamaruthur Tuticorin 628 105.

33.M/s. Transwrold Garnet India Pvt. Ltd.

Rep. by its Manager, Corporate Office New No.14, Old No.500, 3rd Floor Pantheon Road, Egmore Chennai 8.

34.M/s.Balamurugan Chemicals Rep by its General Manager No.1, South Silukanpatti Pudukottai, Tuticorin 628 001.

..

Respondents [R14 to R34 impleaded vide order dated 29.01.2019 in WMP No.39657/18].

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 3rd respondent to constitute a Special Investigation Team to investigate into the illegalities committed by the State Government Officials in the illegal supply of water to industries in violation of provisions mentioned in Para No.3 of G.O.(Ms) No.18, Environment and Forests (FR.10) Department dated 07.03.2008 based on the petitioner's representation dated 17.11.2018 within a stipulated time.

For the Petitioner : Mr.P.Ravi Kumar For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1, 4, 5, 8 & 10 to 12 Mr.Muniyappa Raj Addl. Public Prosecutor Assisted by Mr.Sylvester John for Respondents 2, 3 & 6

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the petitioner submits that the matter has become infructuous.

2. In the light of that, the writ petition is disposed of as infructuous. There will be no order as to costs. Consequently, W.M.P.No.36441 of 2018 is closed.

(S.V.G., CJ.) (D.B.C., J.) 15.12.2023 Index :

Yes/No :

Yes/No kpl To

1. The Inspector General of Forests Ministry of Environment and Forests, Climate Change Government of India Paryavaran Bhavan, CGO Complex Lodhi Road, New Delhi 110 003.

2. The Central Vigilance Commissioner Central Vigilance Commission Satarkata Bhavan A Block GPO Complex, INA, New Delhi 110 023.

3. The Home Secretary cum State Vigilance Commissioner Government of Tamil Nadu Secretariat, Fort St. George, Chennai 600 009.

4. The Principal Secretary Government of Tamil Nadu Municipal Administration and Water Supplies Department cum The Chairman, TWAD Board Secretariat, Fort St. George, Chennai 600 009.

5. The Principal Secretary Department of Environment and Forest Government of Tamil Nadu Secretariat, Fort St. George, Chennai 600 009.

6. The Joint Director and Head of Zone Central Bureau of Investigation 3rd Floor, EVK Sampath Building, College Road, Chennai 600 006.

7. The Managing Director TWAD Board, TWAD House No.31, Kamarajar Salai, Chepauk, Chennai 600 005.

8. The Principal Chief Conservator of Forest Panagal Maligai, No.1, Jeenis Road Saidapet, Chennai 600 015.

9. The Addl. Principal Chief Conservator of Forest (Central) MOEF & CC, Regional Office (South Eastern Zone) 1st and 2nd Floor, HEPC Building No.34, Cathedral Garden Road

Nungambakkam, Chennai 600 034.

10.The District Collector Thoothukudi District Office of the District Collector Korampallam, Thoothukudi.

11.The District Forest Officer Tuticorin Division Tuticorin 628 002.

12.The Superintending Engineer PWD, Project Circle Water Resources Organisation Tamirabarani Basin Circle Palayamkottai, Tirunelveli 637 002.

13.The Executive Engineer Tamil Nadu Water and Drainage Board Urban Division, No.9-A, Toovipuram 4th Street Thoothukudi 638 003.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 15.12.2023