Madras High Court
M.A.Kaniraja vs The Union Of India on 20 September, 2022
Author: R.Mahadevan
Bench: R.Mahadevan, J.Sathya Narayana Prasad
W.P(MD)No.5156 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.5156 of 2015
and
M.P(MD)Nos.1 and 2 of 2015
M.A.Kaniraja ... Petitioner
vs.
1. The Union of India,
Rep by its Secretary,
Ministry of Environment and Forest,
South Block, New Delhi.
2. The State of Tamilnadu,
Rep by Secretary,
Environmental and Forest Department,
Fort St. George, Chennai 600 009.
3. The Member of Secretary,
Hill Area Conservation Authority,
Office of the Commissioner of Town and
Country Planning,
807, Anna Salai, Chennai.
4. The Tamil Nadu Pollution Control Board,
76, Mount Salai,
Guindy, Chennai 600 032.
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W.P(MD)No.5156 of 2015
5. The Deputy Director of Geology and Mining,
The District Collectorate,
Thoothukudi,
Thoothukudi District.
6. The District Collector,
Thoothukudi,
Thoothukudi District.
7. The District Environmental Engineer,
Tamilnadu Pollution Control Board,
Thoothukudi District.
8. The Assistant Director,
Mines and Minerals,
Thoothukudi,
Thoothkudi District.
9. The District Forest Officer,
Thoothukudi,
Thoothkudi District.
10. Vengateshwara Construction,
No.189, Palayankottai Road, Thoothkudi.
11. M.Jeyasundara Pandiyan
12. J.A.Androos Mailamani
13. A.Dhanushkodi
14. R.Vasudevan
Managing Director,
M/s.Golden India Mines and Infrastructure Ltd.,
No.2H, 2nd Floor Prince, Arcade, Cathedral Road,
Theynampet, Chennai.
15. M/s.Siva Blue Metals,
By its Managing Director,
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W.P(MD)No.5156 of 2015
D.No.9, Dooveypuram, 8th Street,
Thoothkudi-628 003.
16. N.Muthaiah
17. M/s.HCK-NAPC Mines and Ores Private Limited,
Rep by Managing Director Mr.Varun Manian,
Khiviraj Complex-II, No.480, Anna Salai, Nandanam,
Chennai-600 035.
18. N.Chitthirai Selvan
19. S.Sudharasan
20. T.Vijay
21. C.Muthupalavesam
22.K.Kathir Kamaraj
23. C.Shanmuganathan
24. M.Lawrance
25. A.Jagadeesh Pandian
26. K.S.Pothiraja
27. S.Perumal
28. V.V.Minerals,
Keeraikaranthattu, Tisayinvilai, Tirunelveli.
29. S.Murugan
30. S.Mandhiram
31. S.Parvathinathan
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W.P(MD)No.5156 of 2015
32. M/s.Standard Fire Works (P) Limited,
By its Managing Director, 1069/2,
1070 Padmanabamangalam Village, Srivaikuntam Taluk,
Thoothkudi District. ... Respondents
(R10 to R32 were impleaded vide order dated 19.11.2015
in M.P(MD)No.3 of 2015)
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus, directing the respondents
to suspend the mining activities in Vallanadu Hills Range and the illegal
fireworks and mining quarry operation carried out without obtaining
requisite clearance in the protected area of the Reserve Forest in Vallanadu
Blackbuck Sanctuary situated at Vallanadu Village, Srivaikundam Taluk,
Thoothukudi District, Tamil Nadu, and protect wildlife by passing appropriate
order on the representation submitted by the petitioner on 15.11.2014 and
reminder on 02.02.2015.
For Petitioner : Mr.T.Chandrasekaran
For R1 : Mr.S.Jeyasingh
For R2, R3 & R5 to R9 : Mr.P.Thilakkumar, Government Pleader
For R4 : Mrs.Vijayakumari Natarajan
ORDER
(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has filed this Writ Petition for a Mandamus, directing the respondents to suspend the mining activities in Vallanadu Hills Range and the illegal fireworks and mining quarry operation carried out 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.5156 of 2015 without obtaining requisite clearance in the protected area of the Reserve Forest in Vallanadu Blackbuck Sanctuary situated at Vallanadu Village, Srivaikundam Taluk, Thoothukudi District, Tamil Nadu, and protect wildlife, by passing appropriate order on the representation submitted by the petitioner on 15.11.2014 and reminder on 02.02.2015.
2. Today, when the writ petition was taken up for hearing, the learned Government Pleader appearing for the respondents 2, 3 and 5 to 9 produced a report dated 20.09.2022 filed by the eighth respondent and submitted that the writ petition has no substance, as all the 16 rough stone quarries operating in Srivaikundam Taluk, Thoothukudi District, have obtained proper environmental clearance for their operation, from the Tamil Nadu Pollution Control Board as well as certification from the District Forest Officer to the effect that the quarry sites are located away from the Eco-
Sensitive Zone of Vallanadu Blackbuck Sanctuary. He further submitted that two rough stone quarries have been operating in Padmanabhamangalam Village which is east, south east and southern boundary of Vallanadu Blackbuck Sanctuary and they are situated one kilometre away from the Eco-Sensitive Zone.
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3. Recording the report filed by the eighth respondent dated 20.09.2022, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.
[R.M.D.,J.] & [J.S.N.P.,J.]
Index : Yes / No 20.09.2022
Internet : Yes
bala
To
1. The Secretary,
Union of India,
Ministry of Environment and Forest, South Block, New Delhi.
2. The Secretary, State of Tamilnadu, Environmental and Forest Department, Fort St. George, Chennai 600 009.
3. The Member of Secretary, Hill Area Conservation Authority, Office of the Commissioner of Town and Country Planning, 807, Anna Salai, Chennai.
4. The Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai 600 032.
5. The Deputy Director of Geology and Mining, The District Collectorate, Thoothukudi, Thoothukudi District.
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6. The District Collector, Thoothukudi, Thoothukudi District.
7. The District Environmental Engineer, Tamilnadu Pollution Control Board, Thoothukudi District.
8. The Assistant Director, Mines and Minerals, Thoothukudi, Thoothkudi District.
9. The District Forest Officer, Thoothukudi, Thoothkudi District.
7/8https://www.mhc.tn.gov.in/judis W.P(MD)No.5156 of 2015 R.MAHADEVAN,J.
and J.SATHYA NARAYANA PRASAD,J.
bala ORDER MADE IN W.P(MD)No.5156 of 2015 DATED : 20.09.2022 8/8 https://www.mhc.tn.gov.in/judis