Annalakshmi, W/O. P. Shankar, v. The Ministry Of Environment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.18671 of 2016 and W.M.P (MD) Nos. 13501 of 2016 and 365 of 2017 Annalakshmi ... Petitioner Vs.

1. The Ministry of Environment, Forest and Climate Change, Rep. by its Secretary, Indira Paryavaran Bhavan, Jor Bagh, New Delhi..

2. Industries Promotion Corporation of Tamilnadu Ltd., Rep. by its Chairman& Managing Director, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-08. Tamilnadu.

3. The Special Tahsildar (Land Acquisition), SIPCOT Circle-10, Virudhunagar District, Sattur.

4. The State Environmental Impact Assessment Agency, Rep. by its Member Secretary, Panagal Building,

Saidapet, Chennai.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent culminating in the notice dated 06/07/2015 issued to the petitioner under Section 3(2) of the Tamil Nadu Acquisition of land for Industrial Purposes Act, 1997, quash the same and direct the 2nd and 3rd respondents not to initiate any proceedings for acquisition of lands for establishment of an Industrial Estate without obtaining mandatory prior Environmental Clearance under the EIA Notification, 2006. For Petitioner :Mr.T.Mohan for M/s.D.Geetha For Respondents :Mr.M.Krthikeya Venkatachalapathy for R1 Mr.M.Gangatharan for R2 Mr.C.Baskar, Government Advocate for R3 and R4

O R D E R

The petitioner had challenged a notice dated 06.07.2015, which was issued under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.

2. On instructions, learned Government Advocate submits that it was decided subsequently not to acquire the lands described by the petitioner in paragraph 1 of the affidavit by G.O.Ms.No.23, Industrial SIPCOT Land Acquisition Department dated 03.02.2020. In view of the said subsequent development, the petitioner's grievance stands redressed.

3. By recording the same, W.P. (MD) No.18671 of 2016 is dismissed as infructuous without any order as to costs. Consequently, the connected miscellaneous petition is closed.

03.04.2023 NCC :No Internet :Yes Index :No PKN To

1. The Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Jor Bagh, New Delhi..

2. The Chairman& Managing Director, Industries Promotion Corporation of Tamilnadu Ltd., 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-08. Tamilnadu.

3. The Special Tahsildar (Land Acquisition), SIPCOT Circle-10, Virudhunagar District, Sattur.

4. The Member Secretary, State Environmental Impact Assessment Agency, Panagal Building, Saidapet, Chennai.

SENTHILKUMAR RAMAMOORTHY, J.

PKN W.P.(MD)No.18671 of 2016 03.04.2023