Vedanta Limited, Unit:Sterlite v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.[MD].No.13144 of 2018 and W.M.P.(MD).No.12008 of 2018 Vedanta Limited Unit:

Sterlite Copper, SIPCOT Industrial Complex, Madurai Byepass Road, Thoothukudi, Tamil Nadu 628 002, Rep by its General Manager - Legal & Authorized Signatory.

: Petitioner Vs.

1. State of Tamil Nadu, Rep by the Chief Secretary, Secretariat, Chennai 600 009.

2. The Principal Secretary to the Government, Environment and Forest Department, Secretariat, Chennai 600 009.

3. Tamil Nadu Pollution Control Board, Rep by its Chairman, No.76, Mount Road, Guindy, 4.The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli.

5. The District Environmental Engineer, Tamil Nadu Pollution Control Board,

6. The Director, Chennai.

7. The Joint Director,

8. The District Collector, Collectorate, Thoothukudi 628 101.

9. Tamil Nadu Electricity Hoard, Rep by its Chairman, Mount Road, 10.The Superintending Engineer, TANGEDCO, Thoothukudi.

11.The District Revenue Officer, Collectorate, Thoothukudi 628 101.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to act upon the representations dated 25.05.2018, 26.05.2018, 02.06.2018, 16.06.2018 and 17.06.2018, submitted by the petitioner and direct the respondents to permit man power access to the petitioner's plant at Thoothukudi by providing adequate police protection as also restore electricity to systems/services of the plant allowing the petitioner to continuously care and maintain the plant thereby ensuring unhindered safety and security of the plant; further permit the petitioner to safely evacuate and tend to all materials stored in the petitioner's plant, based on the inventory list prepared by the respondents.

For petitioner : Mr.R.Parthasarathy For respondents 1to8&11 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.R.Sethuraman Special Government Pleader For Respondents 9&10 Mrs.S.Srimathy For Mr.S.M.S.Johny Basha Standing Counsel

O R D E R

*********** [Order of the Court was made by C.T.SELVAM, J.] The petitioner seeks a Writ of Mandamus directing the respondents to act upon the representations dated 25.05.2018, 26.05.2018, 02.06.2018, 16.06.2018 and 17.06.2018, submitted by the petitioner and direct the respondents to permit man power access to the petitioner's plant at Thoothukudi by providing adequate police protection as also restore electricity to systems/services of the plant allowing the petitioner to continuously care and maintain the plant thereby ensuring unhindered safety and security of the plant; further permit the petitioner to safely evacuate and tend to all materials stored in

the petitioner's plant, based on the inventory list prepared by the respondents.

2. Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.R.Sethuraman, learned Special Government Pleader, for the respondents 1 to 8 and 11, has placed before this Court the copies of the communication of the Environment & Forests [EC3] Department, Secretariat, Chennai 600 009 in Letter [Ms].No.88, dated 28.06.2018 as well as G.O.(Ms).No.83, Environment and Forests [EC.3], Department, dated 21.06.2018.

3. The learned counsel for the petitioner submits that in view of the subsequent orders, which now have been produced before this Court, the Writ Petition might not survive consideration and accordingly, the Writ Petition may be closed.

4. Recording the above, the Writ Petition shall stand closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Chief Secretary to Government, Secretariat, Chennai 600 009.

2. The Principal Secretary to Government, Environment and Forest Department, Secretariat, Chennai 600 009.

3. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy,

4. The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli.

5. The District Environmental Engineer, Tamil Nadu Pollution Control Board,

6. The Director, Chennai.

7. The Joint Director,

8. The District Collector, Collectorate, Thoothukudi 628 101.

9. The District Revenue Officer, Collectorate, Thoothukudi 628 101.

+ 1 cc TO Mr.S.M.S.Johnny Basha , Advocate in SR No. 71786 + 1 cc TO Mr.R.Parthasarathy , Advocate in SR No. 72017 + 1 cc TO The Special Government Pleader in SR No. 72671 NB AE/SKN RSK/SAR1/23.07.2018/4P/13C ORDER MADE IN W.P.[MD].No.13144 of 2018 09.07.2018