Madras High Court
A.Marx vs Union Of India on 28 March, 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: 28.03.2024
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.
5. The State of Tamil Nadu
Rep. by Secretary to Government
Industries Department, Secretariat
Chennai - 600 009.
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W.P.No.29446 of 2019
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 India
seeking 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 : Mr.S.Ayyathurai
For the Respondents : Mr.T.V.Krishnamachari
Senior Panel Counsel
for R1 and R3
Mr.A.Edwin Prabakar
State Government Pleader
assisted by Mr.T.K.Saravanan
Government Advocate
for R4 and R5
Mr.Bal. C. Char Ananth
for M/s.AAV Partners
for R6
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W.P.No.29446 of 2019
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.S.Ayyathurai, learned counsel for the petitioner, 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 appearing for M/s.AAV Partners, learned counsel for respondent 6 and Mr.Rahul Balaji, learned counsel for respondent 7.
2. 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 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 Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29446 of 2019 oil and natural gas in the protected agriculture zone.”
3. 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.
4. As on today, no new license for exploration of hydro-carbon in the Cauvery delta area and the Cauvery river basin is granted and the same is still under consideration.
5. In view of that, no orders are required to be passed in the writ petition. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs. Consequently, W.M.P.No.29284 of 2019 is closed.
(S.V.G., CJ.) (D.B.C., J.)
28.03.2024
Index : Yes/No
Neutral Citation : Yes/No
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1. Secretary to Government Ministry of Petroleum and Natural Gas Union of India, New Delhi.
2. Secretary to Government Ministry of Agriculture, Union of India, 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 The State of Tamil Nadu Secretariat, Chennai - 600 009.
5. The Secretary to Government The State of Tamil Nadu Industries Department, Secretariat Chennai - 600 009.
6. The Basin Manager Oil and Natural Gas Corporation Limited Cauvery Basin, ONGC, Thalamuthu Natarajan Bldg (CMDA Tower-I), No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.
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