IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
ABDUL SALAM – Appellant
Versus
THE ADDITIONAL CHIEFSECRETARY – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA Abdul Salam ..Petitioner(s)
Vs
1.The Additional Chief Secretary, Government Of Tamilnadu, Environment, Climate Change And Forest Department, Fort St. George, Chennai-600 009
2.The Secretary To Government Industrial Department Fort St. George, Chennai-600 009.
3.The Chairman The State Level Environment Impact Assessment Authority (Seiaa), 3rd Floor, Panagal Building, No.1, Jeenis Road, Saidapet, Chennai-600 015, Now At 9th Fllor No.327 Metros Anna Salai, Nandanam, Chennai-600 035.
..Respondent(s)
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 3rd respondent herein to consider the Representation dated 17.03.2025 and issue the requisite Environment Clearing Certificate in respect of his Granite Quarry situate in S.F.No.156/2, 157/1, 2, 3 and 4 in Siruvalai Village of an extent of 1.025 hectors in Villupuram Taluk, present Vikravandi Taluk, Villupuram District.
For Petitioner(s): Mr.R.Devasenan For Respondent(s): Mr.Stalin Abhimanyu, AGP for R.1 & R.3 Mr.K.Srinivasa Murthy, SPCCG, for R.3
ORDER
This Writ Petition has been filed for the following reliefs:-
“directing the 3rd respondent herein to consider the Representation dated 17.03.2025 and issue the requisite Environment Clearing Certificate in respect of his Granite Quarry situate in S.F.No.156/2, 157/1, 2, 3 and 4 in Siruvalai Village of an extent of 1.025 hectors in Villupuram Taluk, present Vikravandi Taluk, Villupuram District. ”
2. The petitioner’s case is that he was granted a quarrying lease by the Government of Tamil Nadu for a period of twenty years in respect of his patta land measuring an extent of 1.02.5 hectares comprised in Survey Nos.156/2 and 157/1, 2, 3 and 4, situate at Siruvalai Village, Villupuram Taluk (presently Vikravandi Taluk), Villupuram District, vide G.O. Ms. No. (3D), Industries (MMD–1) Department, dated 28.02.2011. The petitioner had started quarrying operations after executing the necessary documents in favour of the District Collector, Villupuram.
3. Thereafter, the petitioner had submitted the mining plan for the Second Scheme of Mining for the period from 2023–2024 to 2025–2026 to the Commissioner of Geology and Mines for approval, and the same was duly approved on 26.04.2023. Subsequently, as per the direction of the Hon’ble Supreme Court of India, the petitioner had submitted the approved mining plan along with all requisite documents to the Chairman, State Level Environment Impact Assessment Authority (SEIAA), seeking issuance of the Environmental Clearance Certificate.
4. The petitioner would submit that at its 422nd meeting held on
09.11.2023, the State Expert Appraisal Committee (SEAC) recommended to the Member Secretary of the SEIAA to verify the petitioner’s compliance with several conditions. According to the petitioner, he has already complied with all the conditions so imposed by the SEAC and has also submitted a video cassette as proof of such compliance. Despite this, no Environmental Clearance Certificate has been issued to the petitioner. Aggrieved by the inaction of the respondents, the petitioner submitted a representation dated 17.03.2025 to the
3rd respondent seeking issuance of the requisite Environmental Clearance Certificate. However, the same has not been considered to date. Hence, the present Writ Petition.
5. Heard the learned counsel on either side and perused the records.
6. Considering the facts and circumstances of the case and also taking into account the fact that the 3rd respondent, who is duty-bound to dispose of the statutory representation, has failed to discharge his obligation as the petitioner's representation dated 17.03.2025 has not been disposed of by the 3rd respondent to date, the Writ Petition is allowed. The 3rd respondent is directed to consider and dispose of the petitioner's representation dated 17.03.2025 on merits and in acc
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