Madras High CourtWP(MD)/7912/2021disposed of

Sankaranarayanan v. State Level Environmental Impact Assessment Authority Tamil Nadu

2021-04-22Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.7912 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.04.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.7912 of 2021 Sankaranarayanan ... Petitioner Vs.

State Level Environmental Impact Assessment Authority, Tamilnadu, Represented by its Member Secretary, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-15. ... Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's application No.SIA/TN/MIN/43257/2019 dated 23.08.2019 within a stipulated time. For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.N.Dilipkumar

ORDER

This writ petition is filed by the petitioner seeking for a direction to the respondent to consider the petitioner's application No.SIA/TN/MIN/43257/2019 dated 23.08.2019, within a stipulated time.

2. The learned counsel appearing for the petitioner would state that the petitioner is doing brick business at Manamadurai. On 23.08.2019, he made an application before the District Collector, Ramanathapuram District, seeking permission to run a Brick Earth Quarry at Survey Nos.210/2, 209/5, 211/2, 209/7 and 210/5 of Vengalur Group, Paramakudi Taluk, Ramanathapuram District. The said application was forwarded to the respondent on 30.09.2019. However, the said application is still pending with respondent without consideration and hence, this writ petition.

3. The learned counsel would further state that there is no legal impediment for the respondent to consider the petitioner's application as he is fully eligible to apply for getting permission https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.7912 of 2021 to run a Brick Earth Quarry and therefore, a suitable direction may be issued to consider the petitioner's application.

4. The learned counsel appearing for the respondent would state that considering the Covid-19 pandemic situation, the application of the petitioner could not be considered by the respondent and if reasonable time is granted, the respondent is ready and willing to consider the petitioner's application.

5. Considering the submissions made by the learned counsel appearing for the petitioner as well as the respondent, the respondent is directed to consider and dispose of the application filed by the petitioner seeking permission to run a Brick Earth Quarry, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS ) Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Member Secretary, State Level Environmental Impact Assessment Authority, Tamilnadu, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet,Chennai - 15.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-17406[F] dated 26/04/2021 ) W.P(MD)No.7912 of 2021 22.04.2021 KE(06.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2