Petitioner filed a writ petition under Article 226 challenging a prior site approval and seeking quashal of a likely license. Counsel for petitioner stated the impugned order was cancelled, leaving nothing for adjudication.
Writ petition disposed of; no orders as to costs. Connected M.P. Nos. 1888, 1889, 1894 closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.1824 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.1824 of 2024
Ramesh. K
.. Petitioner
Vs.
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W.P.No.1824 of 2024
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, to Call for the records of the Prior Site Approval No.A/P/SC/TN/14/12021(P573259) dated 22.09.2023 issued by the 1st Respondent in favour of the 6th Respondent and quash the same and Consequently forbear the 1st Respondent from issuing Final Explosive Licence to the 6th Respondent to commission and operate the proposed Road Side New Petroleum Retail outlet on Erode to Arachalur State Highway at Survey Field No.139/2D(part), Aval Poondurai Town Panchayat, Modakurichi Taluk, Erode District in gross violation to (i) the siting criteria prescribed under the office Memorandum No.B-13011/1/2019- 20/AQM/1080210847 dated 07.01.2020 and the Addendum to the Siting Criteria dated 16.08.2021 by central Pollution Control Board, (ii) GO. (Ms) No.79 of 2017 dated 04.05.2017 and (iii) G.O.(Ms). No.25, Highways Minor Ports (HN2) Department dated 24.02.2022.
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W.P.No.1824 of 2024
For the Petitioner : Mr.V.B.R.Menon For the Respondents : Mr.B.Rabumanohar Standing Counsel for R1
Mr.K.Karthik Jegannath Government Advocate for R2 and R5
Mrs.Shanmugavalli Shekar for R3 Mr.M.R.Gokul Krishnan for R4
Mr.Aniruth Krishnan for R6
Mr.P.Kannan Kumar for R7
ORDER
(Made by the Hon'ble Chief Justice)
Heard Mr.V.B.R.Menon, learned counsel for the petitioner, Mr.B.Rabumanohar, learned Standing Counsel for respondent 1, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 2 and 5, Mrs.Shanmugavalli Shekar, learned counsel for respondent 3, Mr.M.R.Gokul Krishnan, learned counsel for respondent 4, Mr.Aniruth Krishnan, learned counsel for respondent 6 and Mr.P.Kannan Kumar, learned counsel for respondent 7.
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W.P.No.1824 of 2024
has canceled the order, which is impugned herein. In view of that, nothing survives for adjudication in the present writ petition.
be no orders as to costs. Consequently, W.M.P.Nos.1888, 1889 and 1894 of 2024 are closed.
(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index : Yes/No Neutral Citation : Yes/No
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To
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W.P.No.1824 of 2024
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W.P.No.1824 of 2024
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(drm)
W.P.No.1824 of 2024
08.04.2024
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2 issues framed by the court
Whether the present writ petition requires adjudication after the impugned order was cancelled.
Whether the writ petition should be closed in light of the withdrawal of the substantive matter.
3 provisions across 2 enactments
Ramesh. K
The Joint Chief Controller of Explosives South Circle, Chennai Petroleum and Explosives Safety Organisation
The District Revenue Officer Erode District
The District Environmental Engineer Tamil Nadu Pollution Control Board
The Regional Director Central Pollution Control Board
Bharat Petroleum Corporation Ltd.
Sanjay V. Gangapurwala
J. Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
