Sri Ganesh Murugan Blue Metals v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.15838, 17891, 17894, 17896, 17898, 17899, 17902, 17904, 18720, 18724, 18746, 18766, 18767 of 2019 W.P.(MD)No.21959 of 2019 Sri Ganesh Murugan Blue Metals, Rep. by its Managing Partner Mr.M.Ekambaram, Karudayampalayam Village, Aravakkurichi Taluk, Karur District - 639 002.
... Petitioner versus
1. State of Tamil Nadu, Rep. by Secretary to Government, Industries Department, Fort St. George, Chennai - 600 009.
2. The District Collector, Karur District, Karur.
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3. The State Level Environmental Impact Assessment Authority (SEIAA), Rep. by its Chairman, 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records, relating to the 2nd respondent's impugned demand notice bearing Na.Ka.No.438/Mines/2019, dated 02.08.2019 pertaining to the petitioner's patta land rough stone quarry measuring 3.50.5 hectares comprised in S.F.Nos.293/3, 293/4, 294/2B situated in Karudayampalayam Village, Aravakurichi Taluk, Karur District and quash the same.
For Petitioner : Mr.Chathurthi Raj for Mr.K.Ramakrishna Reddy For R1 and R2 : Mr.R.Baskaran, Additional Advocate General assisted by Mr.P.T.Thiraviyam, Government Advocate For R3 : Mr.N.Dilip Kumar COMMON ORDER These petitioners, who have been granted licence to conduct rough stone quarry in Karur, Virudhunagar and Pudukottai District, 2/6
have filed these writ petitions challenging the penalty imposed by the District Collectors. By the impugned proceedings in these writ petitions, the District Collectors have imposed penalty on the petitioners/quarry operators that they have conducted quarry operations without obtaining environmental clearance for certain period.
2. Today, when these writ petitions are taken up for hearing, the learned Additional Advocate General submits that this issue has already been dealt with by the Hon'ble First Bench of this Court in W.A.Nos.671 of 2020, etc. (batch cases) and these writ petitions may be disposed of on the same terms.
3. The First Bench of this Court, in W.A.No.671 of 2020 etc (batch cases), on 15.02.2024, has passed the following order "28. In the result, we pass the following order: (i) The impugned order passed by the learned Single Judge at the Principal Seat is quashed and set 3/6
aside:
(ii) The impugned orders/memos imposing 100% penalty/cost upon the appellants/petitioners shall be construed as show-cause notices;
(iii) The appellants/petitioners shall file reply to the said show-cause notices, along with all the relevant documents on which they rely, within a period of four weeks from today; and (iv) The authority shall consider the reply filed by the appellants/petitioners individually and pass fresh orders with regard to imposing of penalty/cost or otherwise."
4. In view of the same, these writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.
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To
1. The Secretary to Government, Industries Department, Fort St. George, Chennai - 600 009.
2. The District Collector, Karur District, Karur.
3. The State Level Environmental Impact Assessment Authority (SEIAA), Rep. by its Chairman, 3rd Floor, Panagal Malaigai, No.1, Jeenis Road, Saidapet, Chennai - 600 015.
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B.PUGALENDHI, J.
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