Court directs authorities to consider representation against environmental clearance violations and decide on merits after hearing.

No.108, Nalankattalai, Anjankattalai Village, Alangulam Taluk, Tenkasi. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to cancel the consent to establish (CTE) Order No.2501264506512 dated 29.08.2025 issued to the 7^th respondent herein and thereby revoke all clearances granted to seventh respondent for the proposed stone crushing unit in Survey No.20/1, 20(2A), 20(2B) and 22/2 situated at Anjankattalai Village, Alankulam Taluk, Tenkasi by considering the petitioner's representation dated 20.12.2025 immediately.

For Petitioner : Mr.K.Murugesh For R5 & R6 : Mr.D.Sasikumar, Additional Government Pleader For R1 to R3 : Mr.M/s.Madhuri Donti Reddy For R4 : Mr.N.Dilip Kumar For R7 : No Appearance

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed the present Writ Petition seeking a direction to the respondents to cancel the consent to establish (CTE) Order No.2501264506512 dated 29.08.2025 issued to the 7^th respondent herein and thereby revoke all clearances granted to seventh respondent for the proposed stone crushing unit in Survey No.20/1, 20(2A), 20(2B) and 22/2 situated at Anjankattalai Village, Alankulam Taluk, Tenkasi by considering the petitioner's representation dated 20.12.2025.

2.The case of the petitioner is that the seventh respondent is running a stone crushing unit, which is allegedly operating in violation of environmental norms and legal guidelines. It is located within 50 meters away from the petitioner’s agricultural land, which is contrary to guidelines. The unit has also obtained Consent for Establishment in violation of citing criteria fixed by the Central Pollution Control Board.

Its operations, including deep blasting, are expected to damage irrigation wells, deplete groundwater, and harm to the surrounding farmland. The said unit infringes upon the fundamental right to clean air and water under Article 21 of the Constitution of India and violates environmental protection principles under Articles 48A and 51A(g). It is also contrary to the principles of sustainable development, precautionary principle, and polluter pays principle. Despite submitting a representation on 20.12.2025 to revoke the approval granted to the unit, no action has been taken by the authorities so far. Therefore, the petitioner has filed the present writ petition.

3.The learned Additional Government Pleader appearing for respondents 5 & 6 submitted that the representation of the petitioner would be considered and appropriate orders would be passed on merits and in accordance with law, within the time stipulated by this Court.

4.In view of the above, this Court, without going into the merits of the claim made by the petitioner, directs the authority concerned to consider the representation of the petitioner dated 20.12.2025 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner as well as any other interested parties. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.