Madras High Court
A.Marx vs Union Of India on 8 February, 2024
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
W.P.No.29446 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.29446 of 2019
A.Marx .. Petitioner
Vs
1 Union of India
Rep. by Secretary to Government
Ministry of Petroleum and Natural Gas
New Delhi
2 Union of India
Rep. by Secretary to Government
Ministry of Agriculture
New Delhi
3 Director General of Hydro Carbons
Ministry of Pertroleum and Natural Gas
OIDB Bhawan, Plot No.2, Sector 73
Noida - 201 301
4 The State of Tamil Nadu
Rep. by Chief Secretary to Government
Secretariat, Chennai - 600 009
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W.P.No.29446 of 2019
5 The State of Tamil Nadu
Rep. by Secretary to Government
Industries Department
Secretariat, Chennai - 600 009
6 Oil and Natural Gas Corporation Limited
Rep. by its Basin Manager
Cauvery Basin
ONGC Thalamuthu Natarajan Bldg (CMDA Tower-I)
No.1 Gandhi Irwin Road
Egmore, Chennai – 600 008
7 M/s.Vedanta Ltd.
1st Floor C Wing
Unit 103 Corporate Avenue
Andheri East Chakala, Mumbai
Maharashtra - 400 093 .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of
Indiaseeking issuance of a writ of mandamus forbearing the
respondents 1 to 7 and their men from implementing the hydrocarbon
exploration and production project in any form and in any manner in
the Cauvery delta area and the Cauvery river basin in Tamil Nadu.
For the Petitioner : No appearance
For the Respondents : Mr.T.V.Krishnamachari
SPC for respondents 1 and 3
: Mr.A.Edwin Prabakar
State Government Pleader
assisted by
Mr.T.K.Saravanan
Government Advocate
for respondents 4 and 5
: Mr.Bal.C.Char Ananth
for M/s.AAV Partners
for respondent No.6
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W.P.No.29446 of 2019
: Mr.Rahul Balaji
for respondent No.7
: R2 – No appearance
ORDER
(Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioner. Heard Mr.T.V.Krishnamachari, learned Senior Panel Counsel for respondents 1 and 3; Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.T.K.Saravanan, learned Government Advocate, for respondents 4 and 5; Mr.Bal. C.Char Ananth, learned counsel for M/s.AAV Partners, learned counsel for respondent No.6; and Mr.Rahul Balaji, learned counsel for respondent No.7.
2. On the last date, adjournment was sought on behalf of the petitioner. Today, none appears for the petitioner.
3. A memo is filed by respondents 1 and 3 along with a copy of the email received by the learned counsel. The same reads thus:
“So far 6 E&P blocks have been awarded in the Tamil ____________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29446 of 2019 Nadu State and Exploration activities have not yet commenced in the awarded area. To commence the exploration activities in the area it is mandatory to obtain Petroleum Exploration Licence from the Tamil Nadu Government. Since the Government has not granted License so far, no exploration activities are being carried out in the area. Moreover, Tamil Nadu Government has enacted the Tamil Nadu Protected Agricultural Zone Development Act, 2020 which prohibits Exploration, drilling and extraction of oil and natural gas in the protected agriculture zone.”
4. Learned State Government Pleader submits that a High Level Expert Technical Committee has submitted its report on 17.2.2022 and the same is under consideration of the government.
5. As on today, no new licence for exploration of hydro-carbon in the Cauvery delta area and the Cauvery river basin is granted and the same is still under consideration.
6. In view of that, no orders are required to be passed in the writ petition.
____________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29446 of 2019 The writ petition stands disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.29284 of 2019 is closed.
(S.V.G., CJ.) (D.B.C., J.)
08.02.2024
Index : Yes/No
Neutral Citation : Yes/No
sasi
To
1 The Secretary to Government
Union of India
Ministry of Petroleum and Natural Gas New Delhi 2 The Secretary to Government Union of India Ministry of Agriculture New Delhi 3 Director General of Hydro Carbons Ministry of Pertroleum and Natural Gas OIDB Bhawan, Plot No.2, Sector 73 Noida - 201 301 4 The Chief Secretary to Government State of Tamil Nadu Secretariat, Chennai - 600 009 5 The Secretary to Government State of Tamil Nadu Industries Department Secretariat, Chennai - 600 009 ____________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29446 of 2019 THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) W.P.No.29446 of 2019 08.02.2024 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis