← Library
Madras High CourtWP(MD)/13184/2019disposed of

V.Jeba Dhas, S/O.Vethakan v. The Standing Committee Of

2019-07-10Honourable Dr Justice Anita Sumanth5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2019

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)Nos.13184 to 13188, 13233 and 13200 to 13205 of 2019 and W.M.P.(MD)Nos.9820 to 9824, 9864, 9840 to 9845 of 2019 V.Jeba Dhas ... Petitioner in WP(MD). 13184/ 2019 R.Sankar ... Petitioner in WP(MD). 13185/ 2019 M.Vargese Rajkumar ... Petitioner in WP(MD). 13186/ 2019 P.Anitharajabai ... Petitioner in WP(MD). 13187/ 2019 R.George Antony ... Petitioner in WP(MD). 13188/ 2019 K.Rajeshawaran ... Petitioner in WP(MD). 13233/ 2019 A.Ajikumar ... Petitioner in WP(MD). 13200/ 2019 C.Gangatharan ... Petitioner in WP(MD). 13201/ 2019 M.N.Muthiah ... Petitioner in WP(MD). 13202/ 2019 L.Charles ... Petitioner in WP(MD). 13203/ 2019 C.Suresh ... Petitioner in WP(MD). 13204/ 2019 M.Mohamed Sheriff ... Petitioner in WP(MD). 13205/ 2019 Vs.

1. The Standing Committee Of National Board For Wild Life, 6th Floor, Vayu Wing, Indira Paryavaran Bhavan, Jor Bagh Road, Aliganj, New Delhi - 110 003

2. The Standing Committee Of State Board For Wild Life, 3rd Floor, No.1, Jeenis Road, Panagal Maligai, Saidapet, Chennai - 600 015

3. The Principal Chief Conservator of Forests and Chief Wildlife Warden, No.1, Jeenis Road, Panagal Maligai, Saidapet, Chennai - 600 015

4. The District Forest Officer Kanyakumari District at Nagercoil

5. The District Collector Kanyakumari District at Nagercoil

6. The Conservator of Forests Tirunelveli Circle, NGO Colony, Tirunelveli - 627 007 ... Respondents in all WP's Prayer in WP(MD). 13184/ 2019 : Writ Petition is filed under Article for operating of rough stone quarry in S.F.Nos.852/4 & 854/1, 7, 8 measuring an extent of 1.37.5 hectares in Mecode Village, Kalkulam Taluk, Kanniyakumari District by considering the application submitted by the petitioner through online dated 12.04.2019 forthwith within the time stipulated by this Honble High Court. Prayer in WP(MD). 13185/ 2019 : Writ Petition is filed under Article for operating of rough stone quarry in S.F.Nos.804/4(P), 804/5(P) and 804/6(P) measuring an extent of 1.99.0 hectares in Mecode Village, Kalkulam Taluk, Kanniyakumari District by considering the Prayer in WP(MD). 13186/ 2019 : Writ Petition is filed under Article for operating of rough stone quarry in S.F.No.398/5B4 measuring an extent of 0.90.0 hectares in Villukuri Village, Kalkulam Taluk, the petitioner through online dated 12.04.2019 forthwith within the time stipulated by this Honble High Court.

Prayer in WP(MD). 13187/ 2019 : Writ Petition is filed under Article for operating of rough stone quarry in S.F.Nos.521 / 3A & 4B measuring an extent of 1.43.59 hectares in Ponmani Village, Kalkulam Taluk, Kanniyakumari District by considering the application submitted by the petitioner through online dated 12.04.2019 forthwith within the time stipulated by this Honble High Court. Prayer in WP(MD). 13188/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ for operating of rough stone quarry in S.F.Nos.385/1 and 385/2A(P)

measuring an extent of 4.19.0 hectares in Villukuri Village, Kalkulam Taluk, Kanniyakumari District by considering the Prayer in WP(MD). 13233/ 2019 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the 1st respondent to grant NOC to the petitioner for operating of rough stone quarry in S.F.NOs.486/5 measuring an extent of 1.22.0 hectares in Kaliyal Village, Vilavancode Taluk, Kanyakumari District by considering the 08.04.2019 forthwith the time stipulated by this Honourable Court. Prayer in WP(MD). 13200/ 2019 : Writ Petition is filed under Article for operating of rough stone quarry in S.F.No.483/1C(P) measuring an extent of 1.40.0 hectares in Mecode Village, Kalkulam Taluk, the petitioner through online dated 12.04.2019 forthwith within the time stipulated by this Honble High Court.

Prayer in WP(MD). 13201/ 2019 : Writ Petition is filed under Article of Mandamus. directing 1st respondent to grant NOC to the petitioner for operating of rough stone quarry in S.F.No.472/2A(P) and 472/2B measuring an extent of 1.13.5 hectares in Aruvikkarai Village, Kalkulam Taluk, Kanniyakumari District by considering the 16.04.2019 forthwith Prayer in WP(MD). 13202/ 2019 : Writ Petition is filed under Article for operating of rough stone quarry in S.F.No.722/1A and 725/3B measuring an extent of 0.70.0 hectares in Mecode Village, Kalkulam Taluk, Kanniyakumari District by considering the application submitted by the petitioner through online dated 13.05.2019 forthwith within the time stipulated by this Honble High Court. Prayer in WP(MD). 13203/ 2019 : Writ Petition is filed under Article of Mandamus. directing 1st respondent to grant NOC to the petitioner for operating of rough stone quarry in S.F.No.350/3B(P) and 350(4) measuring an extent of 1.00.0 hectares in Villukuri Village, Kalkulam Taluk, Kanniyakumari District by considering the 12.04.2019 forthwith

Prayer in WP(MD). 13204/ 2019 : Writ Petition is filed under Article for operating of rough stone quarry in S.F.No.408/6A, 6B & 7(P) measuring an extent of 0.99.5 hectares in Villukuri Village, Kalkulam Taluk, Kanniyakumari District by considering the Prayer in WP(MD). 13205/ 2019 : Writ Petition is filed under Article of Mandamus. directing 1st respondent to grant NOC to the petitioner for operating of rough stone quarry in S.F.No.866/1 measuring an extent of 1.47.50 hectares in Mecode Village, Kalkulam Taluk, the petitioner through online dated 12.04.2019 forthwith. For Petitioner : Mr.Veera.Kathiravan Senior Counsel for P.Edin Brough & for Mr.Gnanagurunathan For R1 : Mr.D.Saravanan For R2 to R4 : Mr.R.Murugan Additional Government Pleader COMMON ORDER The petitioner seeks a Mandamus directing the first respondent to grant No Objection Certificate to the petitioner for operation of rough stone quarry.

2. The learned counsel appearing for the State Board has produced communication dated 08.07.2019 confirming that the application filed by the petitioner in April 2019, will be processed and forwarded with all necessary annexures and required materials to the first respondent within a period of six weeks from today. This is recorded.

3. Learned counsel for the National Board states that meetings of the Board are generally conducted once in two months. He is unable to confirm the next scheduled date of meeting. At this juncture, in the absence of any clarity as to when the next meeting of the Board is scheduled, this Court deems it sufficient to direct the first respondent to process and consider the application once received from the State Board, as expeditiously as possible.

4. The Writ Petitions are disposed of as above. No costs. Consequently, connected Miscellaneous Petitions are closed. SD ASSISTANT REGISTRAR ( CS II ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS III ) ta To 1.The Standing Committee of National Board for Wild Life, 6th Floor, Vayu Wing, Indira Parayavaran Bhavan, Jor Bagh Road, Aliganj, New Delhi-110 003.

2.The Standing Committee of State, Board for Wild Life, 3rd Floor, No.1, Jeenis Road, Panagal Maligai, Saidapet, Chennai-600 015.

3.The Principal Chief Conservator of Forests & Chief Wildlife Warden, No.1, Jeenis Road, Panagal Maligai, Saidapet, Chennai-600 015.

4.The District Forest Officer, Kanyakumari District at Nagercoil.

5.The District Collector, Kanyakumari District at Nagercoil.

6.The Conservator of Forests, Tirunelveli Circle, NGO, Colony, Tirunelveli-627 007.

6CC'S TO MR.M.GNANAGURUNATHAN, ADVOCATE SR 74623 TO 74628 5CC'S TO MR. P. EDIN BROUGH, ADVOCATE SR 74618 TO 74622 1CC TO M/S. VEERA.ASSOCIATES, ADVOCATE SR 74680 1CC TO MR. D. SARAVANAN, ADVOCATE SR 74793 TR 30/08/2019 5P / 20C W.P(MD)Nos.13184 to 13188, 13233 and 13200 to 13205 of 2019 10.07.2019