Fatima, v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)Nos.18169, 10255, 10256 & 10257 of 2018 Fatima ... Petitioner vs.

1.The Secretary, Government of India, Ministry of Environment and Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi.

2.The Secretary to Government, Government of Tamil Nadu, Environment Department, Fort St. George, Chennai.

3.Tamil Nadu Pollution Control Board, Represented by its Chairman and Member Secretary, 100, Anna Salai, Guindy, Chennai - 600 032.

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4.M/s.Vedanta Limited (Formerly Sterlite Industries Limited), Represented by its Managing Director, SIPCOT Industrial Complex, Madurai Bypass Road, TV Puram P.O Tuticorin - 628 002.

5.State Industries Promotion Corporation of Tamil Nadu (SIPCOT), Represented by its Managing Director, Rukmani Lakshipathy Road, Egmore, Chennai - 600 008.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in respect of the environmental clearance dated 01.01.2009 granted to the fourth respondent's Copper Smelter Plant-II and subsequently extended on 23.07.2015 and 02.03.2016 and quash the same as illegal and against the provisions of the Environmental Protection Act, 1986 and impose exemplary costs to the fourth respondent. For Petitioner : Mr.Yogeshwaran for Ms.B.Poongkhuali For Respondents : Mr.K.Prabhu for R.1 : Mr.P.Thilak Kumar Government Pleader for R.2 : Ms.Vijayakumari Natarajan for R.3 : Mr.Raghuvaran Gopalan for R.4 : Mr.N.Adithya Vijayalayan for R.5 2/6

COMMON ORDER (Order of the Court was made by R.SURESH KUMAR, J.) Mr.Yogeshwaran, learned counsel appearing for the petitioner and Mr.Raghuvaran Gopalan, learned counsel appearing for the fourth respondent have submitted that with regard to the Plant-II of the fourth respondent, Environmental Clearance, dated 01.01.2009 was granted by the first respondent, which was subsequently extended on 23.07.2015 and 02.03.2016. Therefore, the last such extension expires on 31.12.2018. Thereafter, the fourth respondent did not ask for any extension from the first respondent beyond 31.12.2018.

2.Therefore, the learned counsels would submit that the prayer sought for in this Writ Petition has become infructuous. 3.Recording the said submissions made by both the learned counsel for the petitioner as well as learned counsel for the fourth respondent, this Writ Petition is dismissed as infructuous. However, there 3/6

shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[R.S.K.,J.] [G.A.M.,J.] 22.04.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The Secretary, Government of India, Ministry of Environment and Forests, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi.

2.The Secretary to Government, Government of Tamil Nadu, Environment Department, Fort St. George, Chennai.

3.Tamil Nadu Pollution Control Board, Represented by its Chairman and Member Secretary, 100, Anna Salai, Guindy, Chennai - 600 032.

4.M/s.Vedanta Limited (Formerly Sterlite Industries Limited), Represented by its Managing Director, SIPCOT Industrial Complex, Madurai Bypass Road, TV Puram P.O Tuticorin - 628 002.

5.State Industries Promotion Corporation of Tamil Nadu (SIPCOT), Represented by its Managing Director, Rukmani Lakshipathy Road, Egmore, Chennai - 600 008.

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R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 22.04.2024 6/6