M/S.Dalmia Bharat Sugar & ... vs The State Of Tamil Nadu
2023 Latest Caselaw 9155 Mad

                                                                            W.A.No.835 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 27.07.2023
                                                    CORAM:
                                   THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
                                                      and
                                      THE HON'BLE MR.JUSTICE P.B.BALAJI
                                                W.A.No.835 of 2020
                                             and CMP.No.6945 of 2022

                  M/s.Dalmia Bharat Sugar & Industries Ltd.,
                  (Previously known as Dalmia Cement (Bharat) Ltd.,
                  a company incorporated under Indian Companies
                  Act, 1913, having its office at Dalmiapuram,
                  Tiruchirapalli District , Tamil Nadu interalia
                  carrying on business under the name and style of
                  Dalmia Magnesite Corporation at Salem,
                  Tamil Nadu - 636 012,
                  Rep by Ambuj Kumar Stivastava,
                  Constituted Attorney                                 ..   Appellant

                                                       vs.
                  1.The State of Tamil Nadu,
                    Rep by its Secretary to Government,
                    Department of Industries,
                    Fort St.George, Chennai-600 009.

                  2.The District Collector,
                    Collectorate, Salem -636 001.

                  3.Ministry of Environment, Forests and
                         Climate Change,
                    Government of India,
                    Indira Paryavaran Bhawan,
                    Jorbagh Road, New Delhi- 110 011.                  ..   Respondents



https://www.mhc.tn.gov.in/judis
                                                          1
                                                                                 W.A.No.835 of 2020

                  Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the
                  order dated 12.06.2020 made in W.P.No.894 of 2020.

                            For Appellant     : Mr.T.Poornam
                                              and Mr.V.S.Rishwanth

                            For Respondents : Mr.S.Silambanan, Additional Advocate General
                                                  assisted by
                                              Mrs.Geetha Thamaraiselvan,
                                                  Special Government Pleader for R1 & R2

                                               Mr.K.Srinivasamurthy for R3


                                                    JUDGMENT

(Judgment of the Court was made by Justice D.Krishnakumar, J.)

The learned counsel for the appellant has filed a memo before this

Court in pursuant to the communication sent by the Commissioner of

Geology and Mining, Chennai in Rc.No.1355/MM9/2006 dated 09.12.2022

addressed to the Secretary, Ministry of Environment, Forest and Climate

Change, Indira Paryvaran Bhawan, Jor Bagh, New Delhi, namely the third

respondent and submitted that in view of the aforesaid communication, seeks

for withdrawal of the present writ appeal with liberty to challenge at a later

stage, if any adverse orders are passed by the respondents

https://www.mhc.tn.gov.in/judis

W.A.No.835 of 2020

2. The learned Standing Counsel appearing for the respondents,

without prejudice to their rights, have expressed no objection for withdrawal

of the writ appeal.

3. In the light of the above, the writ appeal stands dismissed as

withdrawn with the above liberty. No costs. Consequently, connected

miscellaneous petition is also dismissed.

                                                                       [D.K.K., J.] [P.B.B., J.]
                                                                             27.07.2023

                  Index           : Yes / No
                  Internet        : Yes / No
                  Jvm

                  To

1.The Secretary to Government, The State of Tamil Nadu, Department of Industries, Fort St.George, Chennai-600 009.

2.The District Collector, Collectorate, Salem -636 001.

3.Ministry of Environment, Forests and Climate Change, Government of India, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi- 110 011.

https://www.mhc.tn.gov.in/judis

W.A.No.835 of 2020

D.KRISHNAKUMAR, J., AND P.B.BALAJI, J.

W.A.No.835 of 2020

27.07.2023

https://www.mhc.tn.gov.in/judis