Disposed

B.Venkatesh v. The State of Tamilnadu

Madras HC21 Dec 2023WP/17214/2020

Case brief

AI extract

What is this about?

The High Court set aside impugned demands related to mining permits and environmental clearances in several writ petitions, granting liberty to authorities to issue show-cause notices for revised demands. The petitions were disposed of without costs.

What did the court decide?

Impugned demands are set aside with liberty to issue show cause notices for revised demands. No order as to costs. Connected miscellaneous petitions closed.

B.Venkatesh Vs The State of Tamilnadu — Madras HC (2023) — LawSathi Research

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W.P.No.17214 of 2020 etc. batch

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.12.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.Nos.17214, 17218, 17230 and 17414 of 2020 and W.M.P.Nos.21601, 21595, 21602, 22222, 21267, 21269, 21275, 21296, 21593 of 2020; 12301, 12309, 12298, 12304 of 2023

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B.Venkatesh .. Petitioner in all WPs

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1 The State of Tamilnadu Represented by Secretary of Government Industrial Department, Fort St. George Chennai – 600 009.

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2 The Director Department of Geology and Mining Industrial Estate, Guindy Chennai - 600 032.

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3 The District Collector Salem District, Salem.

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4 The Assistant Geologist/ Deputy Director (I/c) O/o of the Deputy Director of Geology and Mining Collectorate, Salem - 636 001.

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_____________ Page 1 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.17214 of 2020 etc. batch

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5 The State Level Environment Impact Assessment

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Authority - Tamil Nadu

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3rd Floor, Panagal Maligai

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No.1 Jeenis Road

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Saidapet, Chennai - 600 015.

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.. Respondents

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in all WPs

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PRAYER in W.P.No.17214 of 2020: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the impugned Memorandum of the fourth respondent issued in Roc.No.45/2019/CG-23/Mines - A dated 22.11.2019 and quash the same as issued in contravention of the principles of natural justice and further direct the fourth respondent to approve the mining scheme submitted by the petitioner in respect of 3.74.5 hectares in S.F. Nos. 100/2A (Part) and 100/2B Part in Devannagoundanur Village, Sankari Taluk, Salem District.

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PRAYER in W.P.No.17218 of 2020: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the impugned Memorandum of the third respondent issued in Roc.No.45/2019/CG-25/Mines - A dated 30.6.2020 relating to the petitioner's granite quarry in respect of 3.74.5 hectares in S.F. Nos. 100/2A (Part) and 100/2B Part in Devannagoundanur Village, Sankari Taluk, Salem District and quash the same as issued contrary to the principles of natural justice.

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PRAYER in W.P.No.17230 of 2020: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the impugned Memorandum of the fourth respondent issued in Roc.No.45/2019/CG-22/Mines - A dated 22.11.2019 and quash the same as issued in contravention of the principles of natural justice and further direct respondents 2 to 4 to issue the transport permits to the petitioner to remove and transport the granite blocks quarried from the granite quarrying bearing in SF.No.1/1(P), 1/2B admeasuring 2.31.5 hectares in Thangayur Village, Edapaddy Taluk, Salem District on payment of the applicable seigniorage fees.

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_____________ Page 2 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.17214 of 2020 etc. batch

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PRAYER in W.P.No.17414 of 2020: Petition under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the impugned Memorandum of the third respondent issued in Roc.No.45/2019/CG-24/Mines - A dated 30.6.2020 relating to the petitioner's granite quarry in respect of 3.74.5 hectares in SF.No.1/1(P), 1/2B admeasuring 2.31.5 hectares in Thangayur Village, Edapaddy Taluk, Salem District and quash the same as issued contrary to the principles of natural justice.

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For the Petitioner in all : Mr.R.L.Ramani WPs. Senior Counsel for Mr.B.Raveendran

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For Respondents in all : Mr.P.S.Raman, WPs. Senior Counsel for Mrs.R.Anitha Special Government Pleader for respondents 1 to 4 : Mr.V.Chandrasekar Senior Panel Counsel for 5^th respondent

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COMMON ORDER

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(Order of the Court is made by the Hon'ble Chief Justice)

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In some of these writ petitions, the State accepts that environmental clearances are obtained, whereas in some of the matters, it is stated by the State that the environmental clearances are not obtained, however the demand is required to be revised.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.17214 of 2020 etc. batch

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As, according to the respondents, the demands may be

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required to be revised and/or the grant of environmental clearance, wherever it is granted will have to be considered, the impugned demands are, as such, set aside with liberty to the respondent authorities to issue show cause notices to these petitioners in respect of the revised demand, if any. After receipt of the show cause notices, the petitioners can file their reply along with all relevant documents raising all possible grounds and defences available, which certainly would be considered by the respondent authorities before raising final demand.

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With the aforesaid observations and directions, the writ petitions are disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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(S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index : Yes/No Neutral Citation : Yes/No sasi

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_____________ Page 4 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.17214 of 2020 etc. batch

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To:

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1 The Secretary of Government State of Tamilnadu Industrial Department, Fort St. George Chennai – 600 009.

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2 The Director Department of Geology and Mining Industrial Estate, Guindy Chennai - 600 032.

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3 The District Collector Salem District, Salem.

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4 The Assistant Geologist/

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Deputy Director (I/c)

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O/o of the Deputy Director of Geology and Mining

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Collectorate, Salem - 636 001.

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5 The State Level Environment Impact Assessment

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Authority - Tamil Nadu

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3rd Floor, Panagal Maligai

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No.1 Jeenis Road

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Saidapet, Chennai - 600 015.

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_____________ Page 5 of 6_

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https://www.mhc.tn.gov.in/judis

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W.P.No.17214 of 2020 etc. batch

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

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(sasi)

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W.P.No.17214 of 2020 and batch

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21.12.2023

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_____________ Page 6 of 6_

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https://www.mhc.tn.gov.in/judis

B.Venkatesh v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

B.Venkatesh v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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