Madras High CourtWP(MD)/4055/2017partly allowed

O.Homer Lal, S/O.Oliver, v. The Union Of India,

2017-03-09Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4055 of 2017 O.Homer Lal .. Petitioner Vs.

1.The Union of India rep. by Secretary, Ministry of Environment and Forest, South Block, New Delhi.

2.The Secretary to Government, Mines Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The Member Secretary, Hill Area Conservation Authority, 807, Anna Salai, Chennai.

4.The Director of Mines and Minerals, Guindy, Chennai.

5.The District Collector at Nagercoil, Kanyakumari District.

6.The Assistant Director (Mines), Nagercoil, Kanyakumari District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to preserve the western Ghats by preventing quarrying operation at the western Ghats by considering the representation of the petitioner dated 02.02.2017. For Petitioner : Mr.S.C.Herold Singh For Respondent No.1 : Mr.R.Nanda Kumar, Senior Panel Counsel for Central Government.

For Respondents 2 to 6 : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to preserve Western Ghats by way of preventing quarrying operations, by way of issuing a writ of mandamus.

2.Mr.R.Nandakumar, learned Senior Panel Counsel for the Central Government, has taken notice for the first respondent and Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 2 to 6.

3.It is seen from the records that on 02.02.2017 a representation has been given to the respondents, but the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order.

4.In fine, this writ petition is allowed in part without costs. The petitioner is directed to send a fresh representation to the first respondent. The first respondent is directed to look into and dispose of the same within a period of two months from the date of receipt of representation.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar smn To 1.The Secretary, Ministry of Environment and Forest, Government of India, South Block, New Delhi.