Vaiko, v. Union Of India,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2018
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.(MD) No.9283 of 2018 and W.M.P(MD)No.8593 of 2018 Vaiko, General Secretary, Marumalarchi Dravida Munetra Kalagam (MDMK), No.12, Rukmani Lakshmipathisalai, Egmore, Chennai - 600 008.
...Petitioner
Vs.
1.Union of India, Rep. by its Secretary, Ministry of Environment and Forest, New Delhi - 3.
2.The State of Tamil Nadu, Rep. by its Secretary, Department of Environment and Forest, Fort St.George, Madras - 600 009.
3.The Central Pollution Control Board, Rep. by its Chairman, Central Pollution Control Board, New Delhi.
4.The Tamil Nadu Pollution Control Board, Rep. by its Chairman, No.76, Anna Salai, Guindy, Chennai - 600 032.
5.The District Collector, Tuticorin, Tuticorin District.
6.M/s.Sterlite Industries India Ltd., Rep. by its Chairman and Managing Director, No.12, Maker Chamber III, Nariman Point, Mumbai - 400 021.
7.M/s.Sterlite Industries India Ltd., Rep. by its Chairman and Managing Director, SIPCOT Complex, Tuticorin.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, not to extend the license/consent or Environmental clearance to the 7th respondent Industries, Copper Smelter Plant (Sterlite Industries) and to take immediate steps to close down the existing industries. For Petitioner :Mr.M.Ajmal Khan,Senior counsel for Mr.P.Subbaraj For Respondents : Mr.V.Kathirvelu, Assistant Solicitor General Assisted by Mr.S.Ragaventhre for R.1 & R.3 Mr.Vijaya Narayanan, Advocate General & Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.R.Sethuraman, Special Government Pleader for R.2 & R.5 Mr.M.Govindan, Standing Counsel for R.4 Mr.R.Parthasarathy for R.6 & R.7 *****
O R D E R
(Order of the Court was made by C.T.SELVAM.,J) This Writ Petition has been filed not to extend the license/consent or Environmental clearance to the 7th respondent Industries / Copper Smelter Plant (Sterlite Industries) and to take immediate steps to close down the existing industries.
2. Heard learned Senior Counsel appearing for the petitioner; learned Assistant Solicitor General of India appearing for respondents 1 & 3; learned Advocate General as well as Additional Advocate General appearing for respondents 2 & 5; learned Standing Counsel appearing for the fourth respondent and the learned Counsel appearing for respondents 6 & 7.
3. Learned Advocate General explains that the purpose and intent behind the State passing G.O.Ms.No.72, Environment and Forests (EC.3) Department, dated 28.05.2018, is to permanently close down the operations of M/s.Vedanta Limited - Copper Smelter Plant, SIPCOT Industrial Complex, Thoothukudi Taluk (Sterlite). He would further submit that the same is a policy decision taken by the Government of the day at the highest level.
4. In the light of the submission made by the learned Advocate General, no further orders is required to be passed in this writ petition and accordingly, the same stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Ministry of Environment and Forest, Union of India, New Delhi - 3.
2.The Secretary to Government, Department of Environment and Forest, The State of Tamil Nadu, Fort St.George, Madras - 600 009.
3.The Chairman, The Central Pollution Control Board, Central Pollution Control Board, New Delhi.
4.The Chairman, The Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
5.The District Collector, Tuticorin, Tuticorin District.
+1cc to Mr.R.PARTHASARATHY, Advocate, SR.No.69635 +1cc to Mr.S.RAGAVENTHRE Advocate, SR.No. 69698 +1cc to M/S.AJMAL ASSOCIATES, Advocate, SR.No. 69543 W.P.(MD) No.9283 of 2018 22.06.2018 SJ/GK KK/PN/SAR-4/04.07.2018/3P-9C/