Yennarkay R. Ravindran Thilagavathy v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD). No.6430 of 2023 Yennarkay R.Ravindran Thilagavathy Vidhyasala Matriculation Higher Secondary School, Rep.by the Principal, L.Murali, S/o.Lakshminarayanan ... Petitioner Vs.
1.The Government of Tamil Nadu, Rep.by its Secretary, Industrial Department, Fort St.George, Chennai-9.
2.The Director of Geology and Mining, Guindy, Chennai.
3.The State Level Environment Impact Assessment Authority [SEIAA], Rep.by its Member Secretary, 3rd Floor, Panagal Maligai, No.1, Jennis Road, Saidapet, Chennai-15.
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4.The District Collector, Virudhunagar District, Virudhunagar.
5.The Deputy Director of Geology and Mining, Virudhunagar, Virudhunagar District.
6.M/s.G.P.K.Granites Industries, No.11, State Bank of India Officers Colony, Ujani Street, Ayanavaram, Chennai-600 023. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to consider the representation of the petitioner dated 06.03.2023, while considering the application for Environmental clearance of the 6th respondent for quarry mining operation license in S.Nos.884/1B, [1.32.0], 1326 [1.83.50], 1333/1A [2.25.50], 1333/1B, [0.13.50], 1333/2 [1.22.0], 1334/1[p], [1.19.50], 1334/2[p], [1.70.0], 1334/3 [0.09.50] and 1334/4 [0.24.50] in Thiruthangal Village, Sivakasi Taluk, Virudhunagar District.
For Petitioner : Mr.K.Chellapandian Senior Counsel for Mr.A.K.Baskarapandiyan For Respondents : Ms.D.Farjana Ghoushia, Special Government Pleader 2/6
for R1, R2, R4 and R5 Mr.N.Dilip Kumar for R3 Mr.Ajmal Khan, Senior Counsel for Mr.C.Venkatesh Kumar for R6
O R D E R
This Writ Petition has been filed seeking a Mandamus to the third respondent to consider the representation of the petitioner dated 06.03.2023, not to grant quarry mining operation license to the sixth respondent in respect of the lands in S.Nos.884/1B, [1.32.0], 1326 [1.83.50], 1333/1A [2.25.50], 1333/1B, [0.13.50], 1333/2 [1.22.0], 1334/1[p], [1.19.50], 1334/2[p], [1.70.0], 1334/3 [0.09.50] and 1334/4 [0.24.50] situated in Thiruthangal Village, Sivakasi Taluk, Virudhunagar District.
2. The grievance of the petitioner is that the sixth respondent is attempting to get quarry mining operation license in the above said survey numbers which are situated adjacent to a school building. Hence, the petitioner has made representations to the officials respondents on 18.05.2022 and 06.03.2023 not to grant quarry mining operation license 3/6
to the sixth respondent. However, the same have not been considered by them till date. Hence, the present writ petition has been filed.
3. The learned Special Government Pleader appearing for the respondents 1, 2, 4 and 5 submits that the representations of the petitioner dated 18.05.2022 and 06.03.2023 would be considered within a reasonable time.
4. In view of the submissions made by both sides, this Writ Petition is disposed of, directing the fifth respondent, namely, the Deputy Director of Geology and Mining, Virudhunagar District, to conduct inspection in the above said survey numbers and take a decision as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 29.09.2023 Index: Yes/No Internet: Yes/No ssb 4/6
To 1.The Government of Tamil Nadu, Rep.by its Secretary, Industrial Department, Fort St.George, Chennai-9.
2.The Director of Geology and Mining, Guindy, Chennai.
3.The State Level Environment Impact Assessment Authority [SEIAA], Rep.by its Member Secretary, 3rd Floor, Panagal Maligai, No.1, Jennis Road, Saidapet, Chennai-15.
4.The District Collector, Virudhunagar District, Virudhunagar.
5.The Deputy Director of Geology and Mining, Virudhunagar, Virudhunagar District.
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B.PUGALENDHI, J.
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