Madras High Court
G.Joseph vs The Union Of India on 2 July, 2021
W.P.(MD)No.10909 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.10909 of 2021
and
W.M.P.(MD)No.8566 of 2021
G.Joseph ... Petitioner
Vs.
1.The Union of India,
Rep. by its Secretary to Government,
Ministry of Environment, Forest and Climate Change,
Government of India,
Indira Parayavaran Bhavan,
Jorbagh Road, New Delhi – 110 003.
2.The Tamil Nadu Pollution Control Board,
Rep by its Member Secretary,
No.76, Mount Salai, Guindy, Chennai.
3.The Tamil Nadu General and Distribution Corporation Limited
(TAGEDCO),
Represented by its Chairman and Managing Director,
10th Floor, NPKRR Maligai,
144, Anna Salai, Chennnai – 600 002. ... Respondents
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W.P.(MD)No.10909 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the first and
second respondent to ensure that the third respondent does not
carry on any activity at the project site for establishment of 2 x 800
MW Uppur Supercritical Thermal Power Plant and also for
establishment of foreshore facilities (Cooling water intake and
outfall structures) Uppur, Valamavoor and Thiruppalaikudi, Tehsil
Tiruvadanai villages of Ramanathapuram District, Tamil Nadu,
without obtaining fresh environmental clearance as directed by the
Hon'ble National Green Tribunal in its judgment dated 17.03.2021
in Appeal No.144 of 2016.
For Petitioner : Mr.A.Yogeshwaran
For Respondent No.1 : Mr.A.Subbiah
Central Govt. Standing Counsel
For Respondent No.2 : Mr.Bageeratham
For Respondent No.3 : Mrs.Srimathy
ORDER
************
[Order of the Court was made by T.S.SIVAGNANAM, J.]
The learned Counsel for the petitioner submitted that this
writ petition was presented before this Court on 26.04.2021, during
the period when the National Green Tribunal ['NGT', for brevity]
was not functioning. As of now, since the NGT is functioning, the
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.10909 of 2021
petitioner would pursue the matter before the NGT and therefore,
seeks for withdrawal of this writ petition with liberty to agitate all
grounds before the NGT. The said request has been communicated
to the Registrar by way of a letter of the learned Counsel dated
02.07.2021, which is placed on record.
2.In the light of the above, the Writ Petition is dismissed as
withdrawn, giving liberty to the petitioner to raise all the issues
before the NGT. However, there shall be no order as to costs.
Consequently, the connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
02.07.2021
Index : Yes / No
Internet: Yes / No
MR
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.10909 of 2021
To
1.The Secretary to Government,
Union of India,
Ministry of Environment, Forest and Climate Change,
Government of India,
Indira Parayavaran Bhavan,
Jorbagh Road, New Delhi – 110 003.
2.The Member Secretary,
Tamil Nadu Pollution Control Board,
No.76, Mount Salai, Guindy, Chennai.
3.The Chairman and Managing Director,
Tamil Nadu General and Distribution Corporation Limited
(TAGEDCO),
10th Floor, NPKRR Maligai,
144, Anna Salai, Chennnai – 600 002.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.10909 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
ORDER MADE IN
W.P.(MD)No.10909 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
