Shunmugaraj M v. The Member Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN M.Shunmugaraj ... Petitioner Vs.

1.The Member Secretary, The State Level Environment Impact, Assessment Authority-Tamilnadu, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-600 015.

2.The Joint Director/Assistant Director of Geology and Mining, District Collector's Office, Tirunelveli, Tirunelveli District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned order dated 10.07.2023 under Letter No.SEIAA-TN-F.No. 9914/2023 as passed by the first respondent and subsequently quash the same as illegal and erroneous and consequently direct the first respondent to issue environmental clearance for the proposed rought 1/4

stone and gravel quarry lease over an extent of 2.21.0 hectares at Survey No.408/1 (part) of Pudur Village, Tirunelveli Taluk, Tirunelveli District to the petitioner forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondent : Mr.N.Dilipkumar (R1) Mr.S.P.Maharajan (R2) Special Government Pleader

ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN, J.) This writ petition is filed challenging the rejection order of the State Level Environment Impact Assessment Authority, Tamilnadu/R1 stating that the request of the writ petitioner for grant of rough stone and gravel quarry lease was rejected in view of the existence of Solar Energy Farm within 80 meters.

2.Upon perusal of the order impugned dated 10.07.2023, it appears that the expert body has found that the proposed stone quarry site is within 80 meters from the existing Solar Power Unit, which is classified as highly sensitive zone restricted to 300 meters. 2/4

3.The learned counsel for the petitioner states that similarly placed mining unit was permitted to operate by the Environment Clearance Committee.

4.The learned counsel for the respondent submitted that the order impugned in this writ petition was passed two years ago and if at all the petitioner is aggrieved, he has a remedy to prefer an appeal before the National Green Tribunal against the order passed by the State Environment Impact Assessment Authority.

5.Taking into consideration the said objection, this writ petition is disposed of with liberty to the petitioner to approach the appropriate appellate authority for remedy in accordance with law. No costs. [G.J., J.] & [K.K.R.K., J.] 04.12.2025 Index :Yes/No Internet :Yes ta 3/4

DR.

G. JAYACHANDRAN , J.

AND K.K. RAMAKRISHNAN, J.

ta To 1.The Joint Director/Assistant Director of Geology and Mining, District Collector's Office, Tirunelveli, Tirunelveli District.

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