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M Sivakumar vs The Chairman And Others

Madras High Court|27 February, 2017
|

JUDGMENT / ORDER

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1773 of 2017 M.Sivakumar …Petitioner Vs
1. The Chairman, State Level Environment Impact Assessment Authority-Tamil Nadu, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-15.
2. The District Collector, Tiruppur District, Tiruppur.
3. The Deputy Director Geology and Mining, Collectorate, Tiruppur, Tiruppur District. …Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the petitioner's application made on 05.07.2016 for getting environmental clearance certificate for quarrying the gravel in the land situated in S.F.No.184/1 and 185/2 part, Sivanmalai Village, Kangayam Taluk, Tiruppur District.
For Petitioner : Mr.C.Prakasam For Respondents : Ms.G.Hema for R1 Mr.C.Jagathish Special Government Pleader for R2 and R3 O R D E R With the consent of both sides, the Writ Petition is taken up for final disposal.
2. The writ petition is filed for issuance of writ of mandamus directing the first respondent to consider the petitioner's application dated 05.07.2016 for granting Environmental Clearance Certificate.
3. Learned counsel for the petitioner would submit that the petitioner was issued a licence to quarry the gravel soil in his patta land situated in S.F. No.184/1 and 185/2 Part, Sivanmalai Village, Kangayam Taluk, Tiruppur District by the second respondent on 18.06.2016. Subsequently, the petitioner submitted an application before the first respondent on 05.07.2016 for getting Environmental Clearance Certificate. But the application has not been disposed of so far. Hence, the present writ petition.
4. Heard Mr.C.Prakasam, learned counsel appearing for the petitioner as well as Ms.G.Hema, learned Standing Counsel appearing for R1 and Mr.C.Jagathish, learned Special Government Pleader appearing for R2 and R3 and perused the materials placed on record.
5. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider the application of the petitioner dated 05.07.2016 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of accordingly. No costs.
27.02.2017 Index: Yes/No vga To
1. The Chairman, State Level Environment Impact Assessment Authority-Tamil Nadu, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai-15.
2. The District Collector, Tiruppur District, Tiruppur.
3. The Deputy Director Geology and Mining, Collectorate, Tiruppur, Tiruppur District.
K.KALYANASUNDARAM,J.
vga W.P.No.1773 of 2017 27.02.2017 http://www.judis.nic.in
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Title

M Sivakumar vs The Chairman And Others

Court

Madras High Court

JudgmentDate
27 February, 2017
Judges
  • K Kalyanasundaram