Abraham, v. The Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.17639 of 2017 and W.M.P.(MD) No.14198 of 2017 Abraham ... Petitioner -vs1. The Chairman, Standing Committee of National Board of Wild Life, Indian Paryavaran Bhavan, Jarbagh Road, New Delhi-3.

2. The District Collector, Kanyakumari District, Kanyakumari.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to grant clearance for operation of rough stone quarry in SF.No.397/1A2 in Villukuri Village Kalkulam Taluk Kanyakumari District by considering the application preferred by the petitioner dated 16.10.2015 taken on file of the 1st respondent within that may be period stipulated by this Honble Court and consequently forbear the 2nd respondent from taking any coercive action against the petitioner in furtherance of his proceedings in RC.No.178/G&M/2017 dated 30.08.2017 pending disposal of the above clearance application by the 1st respondent.

For Petitioner : Mr.M.Mahaboob Athiff For M/s.Ajmal Associates For R1 : Mr.C.Nandagopal For R2 : Mr.S.Kumar Addl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to grant clearance for operation of rough stone quarry in SF.No.397/1A2 in Villukuri Village, Kalkulam Taluk, Kanyakumari District by considering the application preferred by the petitioner dated 16.10.2015 and consequently forbear the 2nd respondent from taking any coercive action against the petitioner in furtherance of his proceedings in RC.No.178/G&M/2017 dated 30.08.2017 pending disposal of the above clearance application by the 1st respondent.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the parties.

3. The case of the petitioner is that he engaged in the business of quarrying rough stone and the 2nd respondent had issued a notice dated 30.08.2017, mandating production of NOC from the Wild Life Board. Though the petitioner had already applied for NOC before the 1st respondent as early as 16.10.2015, it has been kept pending without any progress. The 2nd respondent also threatened of taking coercive action against the petitioner, if the clearance from the 1st respondent is not obtained. Aggrieved by the action of the respondents, the petitioner is before this Court with the above prayer.

4. The learned Standing Counsel for R1 would submit that if a reasonable time is granted to the 1st respondent, the application of the petitioner will be considered and suitable orders passed.

5. In view of the above submission, this Court directs the first respondent to consider the application dated 16.10.2015 filed by the petitioner for clearance and dispose of the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner. However, it is made clear that till such time, the 2nd respondent shall not take any coercive steps against the petitioner, as proposed under notice dated 30.08.2017.

6. With the above direction, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To:

The District Collector, Kanyakumari District, Kanyakumari.

+1cc to M/s.AJMAL ASSOCIATES,Advocate,SR.79546 +1cc to M/S.Special Government Pleader,SR.79852 W.P(MD) No.17639 of 2017 19.09.2017 ar KK/SKN RSK/SAR 2/20.09.2017/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/