Madras High Court
A.D.Elango vs The State Of Tamil Nadu on 17 October, 2023
W.A.No.91 of 2021 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.91, 96, 1154, 248, 101, 103, 95, 104, 108, 145, 144, 89,
1153, 112, 282, 271, 122, 109, 1190, 1200, 180, 1336, 141, 166,
115, 157 and 290 of 2021
and C.M.P.Nos.658, 665, 7245, 7258, 1052, 1053, 672, 674, 666,
677, 680, 731, 729, 657, 7302, 7231, 685, 1150, 1123, 696, 681,
7589, 7641, 842, 8337, 8338, 720, 721, 763, 765, 690, 688, 744,
748 and 1188 of 2021
W.A.No.91 of 2021:
A.D.ELANGO .. Appellant
Vs
1. THE STATE OF TAMIL NADU,
REP. BY SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT,
FORT ST. GEORGE, CHENNAI - 600009.
2. The District Collector,
Tiruppur District, Tiruppur.
3. The State Level Environmental -
Impact Assessment Authority (SEIAA),
Rep. by its Chairman, 3rd Floor,
Panagal Malaigai, No.1, Jeenis Road,
Saidapet, Chennai – 600015. .. Respondents
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W.A.No.91 of 2021 etc. batch
PRAYER in W.A.No.91 of 2021: Appeal under Clause 15 of the
Letters Patent against the order dated 12.6.2020 in W.P.No.29260 of
2019 passed by the learned Single Judge.
For the Appellant in : Mr.K.Ramakrishna Reddy
W.A.No.91 of 2021
For Respondents 1 and : Mr.P.S.Raman,
2 in W.A.No.91 of 2021 Senior Counsel
for Mr.P.Muthukumar
State Government Pleader
For 3rd Respondent in : Mr.V.Chandrasekar
W.A.No.91 of 2021 Senior Panel Counsel
and batch cases
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
In some of these appeals, the State accepts that
environmental clearances are obtained, whereas in some of the
matters, it is stated by the State that the environmental
clearances are not obtained, however the demand is required to
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W.A.No.91 of 2021 etc. batch
be revised.
2. As, according to the respondents, the demands may be
required to be revised and/or the grant of environmental
clearance, wherever it is granted will have to be considered, the
impugned demands are, as such, set aside with liberty to the
respondent authorities to issue show cause notices to these
appellants in respect of the revised demand, if any. After receipt
of the show cause notices, the appellants can file their reply
along with all relevant documents raising all possible grounds and
defences available, which certainly would be considered by the
respondent authorities before raising final demand.
3. In the light of that, the impugned orders of the learned
Single Judge stand set aside.
4. With the aforesaid observations and directions, the writ
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W.A.No.91 of 2021 etc. batch
appeals are disposed of. There will be no order as to costs.
Consequently, connected miscellaneous petitions are closed.
(S.V.G., CJ.) (D.B.C., J.)
17.10.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1. THE SECRETARY TO GOVERNMENT,
STATE OF TAMIL NADU,
INDUSTRIES DEPARTMENT,
FORT ST. GEORGE, CHENNAI - 600009.
2. The District Collector,
Tiruppur District, Tiruppur.
3. The State Level Environmental -
Impact Assessment Authority (SEIAA),
Rep. by its Chairman, 3rd Floor,
Panagal Malaigai, No.1, Jeenis Road,
Saidapet, Chennai – 600015.
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W.A.No.91 of 2021 etc. batch
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
(sasi)
W.A.No.91 of 2021 etc. batch
17.10.2023
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https://www.mhc.tn.gov.in/judis
