✦ High Court of India · 18 Dec 2025

High Court · 2025

Case Details High Court of India · 18 Dec 2025
Court
High Court of India
Decided
18 Dec 2025
Length
1,074 words

Acts & Sections

W.P. No.45649 of 2025W.P.No.45649 of 2025M.DHANDAPANI, J.This matter has been listed under the caption ‘For Being Mentioned’ at the instance of the learned counsel for the petitioner. 2. The learned counsel appearing for the petitioner would submit that while advancing arguments in the aforesaid writ petition on 24.11.2025, inadvertently W.P.No.39972 of 2025 was wrongly quoted from their side instead of W.P.No.42778 of 2025 and based on the same, the order has been typed with wrong averments and therefore he prays for necessary corrections.3. In view of the same, paragraphs 3 to 5 of the order dated 24.11.2025 in the aforesaid Writ Petition stands substituted and paragraph 6 of the said order is incorporated as follows :“3.The learned counsel appearing for the petitioner submitted that challenging the demand made in the order of the fourth respondent dated 21.10.2024, the petitioner preferred appeal before the third respondent under Section 36-C(2) of the The Tamilnadu Minor Mineral Concession Rules, 1959. However, without considering the pendancy of the appeal filed by the petitioner, the present impugned order has been passed. The learned further submitted that 1/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025similar writ petition was dismissed by this Court and hence, this Court may dismiss this writ petition so as to enable the petitioner to file writ appeal before the Hon'ble Division Bench of this Court.4.The learned Additional Government Pleader appearing for the respondents 2 to 4 submitted that the grievance of the petitioner is that pending statutory appeal, the impugned order was passed and further submitted that the third respondent will dispose of the appeal filed by the petitioner within the time stipulated by this Court and till such time, no coercive steps will be taken against the petitioner.5.In view of the fair submission made by the learned Additional Government Pleader, this Court directs the third respondent to dispose of the appeal filed by the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed to not to take any coercive steps against the petitioner. 6.The writ petition is disposed of. No costs. Consequently, WMP.No.50870 of 2025 is closed” 7. Registry is directed to carry out the aforesaid corrections and issue fresh order copy to the parties concerned. 18.12.2025arr2/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025M.DHANDAPANI, JarrW.P.No.45649 of 202518.12.20253/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 20254/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24.11.2025CORAM:THE HON'BLE MR. JUSTICE M. DHANDAPANIW.P. No.45649 of 20255/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025M.Senthil KumarPetitionerVs1. Ministry of Environment , Forest, and Climate Change (MoEF)Through The Secretary, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110 003.2.State of Tamil NaduRep. by Secretary to Government, Industries Department, Fort St. George, Chennai- 600 009.3.The Commissioner of Geology & MiningThiru.Vi.Ka.Industrial Estate, Guindy, Chennai- 600 032.4.The District CollectorKrishnagiri District, Krishnagiri.5.The State Level EnvironmentalImpact Assessment Authority (SEIAA), Rep by its Chairman, 9th Floor, Metro (CMRL Building) Nandanam, Chennai- 600 035.RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for records of the impugned demand Notice passed by the 4th Respondent vide Na.Ka.No. 930/2019/Kanimam dated 09.10.2025, despite the pending statutory appeal before the 3rd respondent, pertaining to the lease granted in favour of the petitioner, to quarry rough stone in S.F.Nos. 242/ 5, 255/1 (p), 257/2A (p), over an extent of 2.94.0 6/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025Hec in Patta land situated in Chennapalli Village, Hosur Taluk, Krishnagiri District, quash the same as illegal..For petitioner : Mr. G. VigneshFor respondents : Mr.A.R. SakthivelSenior Panel Counsel for R1 Mr.Stalin AbimanyuAddl. Govt. Pleader for R2 to R4ORDERMr.A.R. Sakthivel, learned Senior Panel Counsel takes notice on behalf of the 1st respondent. Mr.Stalin Abimanyu, learned Additional Government Pleader takes notice on behalf of the respondents 2 to 4. 2. This writ petition has been filed challenging the impugned demand notice passed by the 4th respondent dated 25.07.2025, pending the statutory appeal before the 3rd respondent, pertaining, to the lease granted in favour of the petitioner, to quarry rough stone/gravel in the subject properties.3. When the matter is taken up for hearing, learned counsel for the petitioner submits that in respect of non-obtaining of Environmental Clearance Certificate inspite of the pendency of the application with the respondents, the writ petition in W.P. No.26808 of 2019 filed by the petitioner was dismissed against which, writ appeal was filed challenging the imposition of penalty and 7/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025the Division Bench of this Court, in W.A.No.671 of 2020 issued direction to the petitioner to file a reply and to consider the demand notice as show cause notice and remanded the matter to the authority for consideration. However, without properly considering the same, the authority has passed the present impugned order and similar impugned order was challenged before this Court in W.P .No.33079 of 2025, etc., batch and this Court vide order dated 24.05.2025 dismissed all the writ petitions against which writ appeals have been filed in W.A. No.226 of 2025. Learned counsel therefore prays that this Court may either direct tagging of this petition along with W.A.No.226 of 2025 or dismiss the writ petition so as to enable the petitioner to file writ appeals so that it may be tagged along with W.A. No.226 of 2025 and heard together.4. Learned Additional Government Pleader appearing for the respondents 2 to 4 submits that the issue arises in this writ petition is no longer res-integra as similar issue was already dealt with by this Court vide its order dated 05.06.2025 in W.P. No.33079/2025, etc., batch.5. Considering the fact that similar issue has already been considered by this Court in W.P. No.33079 of 2025, etc., batch and learned counsel on either side submits that the present case is covered by the said order, this writ petition is dismissed in terms with the order passed in W.P. No.33079 of 2025, etc., 8/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025batch. No costs.24.11.2025Index:Yes/NoSpeaking/Non-speaking orderNeutral Citation : Yes/Novsi2To 1. The Secretary,Ministry of Environment , Forest, and Climate Change (MoEF)Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110 003.2.The Secretary to Government,State of Tamil NaduIndustries Department, Fort St. George, Chennai- 600 009.3.The Commissioner of Geology & MiningThiru.Vi.Ka.Industrial Estate, Guindy, Chennai- 600 032.4.The District CollectorKrishnagiri District, Krishnagiri.5. The Chairman, The State Level EnvironmentalImpact Assessment Authority (SEIAA), 9th Floor, Metro (CMRL Building) Nandanam, Chennai- 600 035.9/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025M. DHANDAPANI, J. vsi210/11 https://www.mhc.tn.gov.in/judis W.P. No.45649 of 2025W.P. No.45649 of 202524.11.202511/11

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