IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.08.2017 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL And THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.16965 of 2014 M/s.NSL Nagapatnam Infrastructure Private Ltd. NSL Icon, 4th floor, #8-2-684/2/A, Road no.12 Banjara Hills, Hyderabad – 500 034. ... Petitioner Vs.
1. The Govt. of India, Rep. by Secretary to Govt, Ministry of Environment & Forests, New Delhi.
2. The Govt. of Tamilnadu Rep. by Secretary to Govt, Ministry of Environment & Forests, Fort St.George, Secretariat, Chennai – 600 009.
3. The Tamilnadu Pollution Control Board, Rep. by its Member Secretary, Mount Road, Guindy, Chennai – 600 032.
4. The Tamilnadu Maritime Board, No.171, South Kesavaperumal Puram, Greenways Road, Raja AnnaMalai Puram, Chennai – 28.
5. The Tamilnadu State Coastal Zone Management Authority, Rep. by its Secretary, Panagal Building, Saidapet, Chennai – 600 017.
6. The Deputy Secretary, State Highways and Minor Ports, (HPZ) Department, Government of Tamilnadu, Fort St.George, Secretariat, Chennai – 600 009. ... Respondents Prayer:
Writ petition filed under Article 226 of the Constitution of India praying to call for the records relating to the impugned Letter No.15518/EC.3/2013-5, dated 10.01.2014, issued by the 2nd respondent and quash the same and direct the 2nd respondent to consider exemption from the applicability of the distance rule imposed in G.O.Ms.No.213, Environment and Forests (EC-1) Department dated 30.03.1989 and G.O.Ms.No.127, Environment and Forests (EC-3) Department dated 08.05.1998 and consequently permit the petitioner to commission the thermal power project at Thalachangadu/ Vanagiri Village, Taragambadi/ Sirkazhi Taluk, Nagapattinam District, Tamilnadu and grant permission for the same.
For Petitioner : Mr.N.Anand Venkatesh For Respondents : Mr.T.V.Krishnamachari for R1 Mr.E.Manoharan for R2 and R5 Additional Government Pleader Ms.Rita Chandrasekar for R3 Mr.N.Srinivasan for R4 Mr.M.Elumalai for R6 Government Advocate O R D E R (Order of the Court was made by M.VENUGOPAL,J.) The Learned Counsel for the Petitioner has made an endorsement in the writ petition to the effect that the 'WP may be permitted to be withdrawn with liberty to file appropriate application before NGT, Southern Bench'.
2.Recording the aforesaid fact and the endorsement so made, this Court grants permission to the petitioner to withdraw the present writ petition. Accordingly, the present writ petition is dismissed as withdrawn, granting liberty to the petitioner to file appropriate application before the National Green Tribunal, Southern Bench, Chennai, within a period of three weeks from today. No costs.
pri Speaking Order Index: Yes/ No Internet: Yes/ No To
1. The Govt. of India, [M.V.,J.] [P.D.A.,J.] 07.08.2017 Rep. by Secretary to Govt, Ministry of Environment & Forests, New Delhi.
2. The Govt. of Tamilnadu Rep. by Secretary to Govt, Ministry of Environment & Forests, Fort St.George, Secretariat, Chennai – 600 009.
3. The Tamilnadu Pollution Control Board, Rep. by its Member Secretary, Mount Road, Guindy, Chennai – 600 032.
4. The Tamilnadu Maritime Board, No.171, South Kesavaperumal Puram, Greenways Road, Raja AnnaMalai Puram, Chennai – 28.
5. The Tamilnadu State Coastal Zone Management Authority, Rep. by its Secretary, Panagal Building, Saidapet, Chennai – 600 017.
6. The Deputy Secretary, State Highways and Minor Ports, (HPZ) Department, Government of Tamilnadu, Fort St.George, Secretariat, Chennai – 600 009.
M.VENUGOPAL,J.
And P.D.AUDIKESAVALU,J.
pri W.P.No.16965 of 2014 07.08.2017