Madras High Court
T.Sadasivam vs The State Of Tamil Nadu on 9 March, 2021
W.P.No.5490 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.5490 of 2021
T.Sadasivam .. Petitioner
Vs.
1. The State of Tamil Nadu,
rep. by its Secretary to the
Government, Environment and Forest Department,
Fort St. George,
Chennai – 600 009.
2. State Level Environment Impact
Assessment Authority of Tamil Nadu,
3rd Floor, Panagal Maligai,
No1, Jennis road, saidapet,
Chennai – 600 015.
3. The District Collector,
Cuddalore District.
4. The Assistant Director,
Geology and Mining Department,
Cuddalore-2. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the 3rd and 4th respondents to
follow the procedures prescribed for issuing Permanent Quarrying
Lease, before issuing the Temporary Quarrying lease also.
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W.P.No.5490 of 2021
For Petitioner : Mr.V.Ravi
For Respondents : Mr.Vijaya Prasad, Spl.G.P.,
for respondents 1 and 2
Mr.E.Manoharan, Spl.G.P.,
for respondents 3 and 4
ORDER
(made by SENTHILKUMAR RAMAMOORTHY, J.)
The petitioner complains that environmental clearance
requirements and other requirements under applicable laws and rules
are being flouted by respondents 3 and 4 by granting temporary
quarrying leases. In support of such assertion, the petitioner refers to
a document at page 4 of the typed set of papers. The said document is
a permit slip for a period of 90 days in respect of the transport of
gravel.
2. Mr.E.Manoharan, learned Special Government Pleader accepts
notice on behalf of respondents 3 and 4. On instructions, he submits
that neither permanent nor temporary quarrying leases or licenses are
granted without prior environmental clearance. He states that
particularly after the judgment of the Hon'ble Supreme Court in the
case of Deepak Kumar vs. State of Haryana and others, (2012) 4 SCC
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W.P.No.5490 of 2021
629, this procedure is being strictly followed. As regards the document
at page 4 of the typed set of papers filed by the petitioner, he submits
that it is in the nature of a transport permit for gravel. He also points
out that the Ministry of Environment issued a notification on March 28,
2020, whereby certain activities were exempted from the requirement
of prior environmental clearance. One of the activities is the removal of
gravel for road laying purposes. Except as regards activities which are
exempted under the notification of March 28, 2020, he states that no
activities are being permitted without a prior environmental clearance.
The said statements are recorded.
3. In view of the submissions made by learned Special
Government Pleader, the grievance of the petitioner has been
substantially addressed. Consequently, nothing survives of the writ
petition. W.P.No.5490 of 2021 is disposed of by recording the
aforesaid submissions. There will be no order as to costs.
Consequently, W.M.P.No.6099 of 2021 is closed.
(S.B., CJ.) (S.K.R., J.)
09.03.2021
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W.P.No.5490 of 2021
Index : no
tar
To:
1. The Secretary to the Government,
State of Tamilnadu,
Environment and Forest Department,
Fort St. George,
Chennai – 600 009.
2. State Level Environment Impact
Assessment Authority of Tamil Nadu,
3rd Floor, Panagal Maligai,
No1, Jennis road, saidapet,
Chennai – 600 015.
3. The District Collector,
Cuddalore,
Cuddalore District.
4. The Assistant Director,
Geology and Mining Department,
Cuddalore-2.
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https://www.mhc.tn.gov.in/judis/
W.P.No.5490 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
tar
W.P.No.5490 of 2021
09.03.2021
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