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2026 Supreme(Online)(Mad) 35978

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
P.Venkatachalam – Appellant
Versus
State Level Environmental Impact Assessment Authority (SEIAA)- Tamil nadu, Rep by its Member Secretary – Respondent
Writ Petition



Advocates:
For the Petitioner(s): Mr.G.Vignesh
For Respondent: Mr.K.Srinivasa Murthy

Formal order under Section 16(i) NGT Act required for appeal against environmental clearance rejection.

Headnote:The petitioner applied for environmental clearance under proposal No. SIA/TN/MIN/56440/2020 for quarrying rough stone and gravel over 1.53.5 Ha in Tiruppur District, rejected on 05.02.2024. Relevant law: Section 16(i) of National Green Tribunal Act, 2010. Court finds no formal order issued, denying appeal rights.

Issues: Whether formal rejection order required for appeal; petitioner's resubmission ignored. Ratio: Formal order mandatory under statute for appellate remedy.

Result: Respondent directed to pass formal order under Section 16(i) within four weeks.

Table of Content
1. petitioner's quarry clearance application rejected without formal order. (Para 2 , 3)
2. parties agree on need for formal rejection order under ngt act. (Para 4 , 5)
3. court directs formal order issuance within four weeks for appeal. (Para 7)

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for a direction, directing the Respondent to consider the Petitioners Re- Submission Letter dated 29.11.2025 and issue fresh orders after affording an opportunity for personal hearing pertaining to the Environmental Clearance application proposal No. SIA / TN /

MIN / 56440 /2020 for quarrying rough stone and gravel preferred for the Extent of 1.53.5 Ha of Patta lands in S.F. no 63/1A2 and 64/1 (P) of Velampalayam Village, palladam Taluk,Tiruppur District

3. It is the case of the petitioner that the petitioner made application before the respondent for quarry rough stone and gravel in respect of patta land, however, the petitioner's proposal was rejected vide order dated 05.02.2024. It is the grievance of the petitioner that the petitioner resubmitted the application, however, no order is passed. Hence, this writ petition.

4. When the case was taken up, the learned counsel for the petitioner submitted that though order is passed rejecting the proposal, however, formal order is not passed under Section 16(i) under National Green Tribunal Act, 2010 enabling the petitioner for filing an appeal before the Tribunal. Hence, seeks for direction.

5. The learned counsel for the respondent submitted that the formal order under Section 16(i) under National Green Tribunal Act, 2010 will passed and the same will be communicated to the petitioner within a reasonable time fixed by this Court.

6. Heard both sides and perused the materials placed on record.

7. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the respondent to pass a formal order under Section 16(i) under National Green Tribunal Act, 2010 and communicate the same to the petitioner within a period of four weeks from the date of receipt of a copy of this order enabling the petitioner to file appropriate appeal before Tribunal.

8. Accordingly, this writ petition stands disposed of. No costs.

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