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Before the National Green Tribunal Southern Zone, Chennai

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Before the National Green Tribunal Southern Zone, Chennai BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No. 258 of 2013 (SZ) (THC) (W.P. MD. No.11560 of 2011, Madurai Bench of Madras High Court) BETWEEN Ambai Taluk Tamirabarani Vivasayigal Nala Sangam Represented by its Secretary R.Papanasam S/o Ramasamy No. 2/12 North Street Kodarankulam Ambasamudram Taluk Tirunelveli District 627 416 …Applicant AND 1. Union of India Represented by the Secretary Ministry of Environment and Forests New Delhi 2. The Government of Tamil Nadu Represented by the Secretary Department of Environment and Forests Secretariat, Chennai 3. Tamil Nadu Pollution Control Board Represented by its Chairman Chennai 4. The District Collector Tirunelveli Tirunelveli District 5. The Chairman and Managing Director Tamil Nadu Mines and Minerals (TAMIN) Chepauk, Chennai 6. The District Forest Officer Tirunelveli District Tirunelveli 7. The Field Director/Chief Conservator of Forests O/o Field Director/Chief Conservator of Forests Kalakad Mundanthurai Tiger Reserve Tirunelveli 8. M/s Pallava Granites Mela Ambasamudram Ambasamudram Taluk Tirunelveli District 9. M/s PRP Exports Mela Ambasamudram Ambasamudram Taluk Tirunelveli District 10. Murugan Enterprises Mela Ambasamudram Ambasamudram Taluk Tirunelveli District 11. Rajapalayam Textiles Mela Ambasamudram Ambasamudram Taluk Tirunelveli District 12. Archna Granites Mela Ambasamudram Ambasamudram Taluk Tirunelveli District … Respondents Legal Practitioners for Applicant(s) M/s. K. Thilageswaran, M. Subha And G. Balamanikandan, Advocates Legal practitioners for respondent(s) Smt. C. Sangamithirai, for R-1 M/s. M.K. Subramanian and M.R. Gokul Krishnan, for R-2, 4, 6 and 7 Smt. Rita Chandrasekar, for R-3 M/s. Satish Parasaran, R. Parthasarathy, Rahul Babu, Vishnu Mohan and Ravi Ragunath, for R-11 QUORUM: HON’BLE JUSTICE DR.P.JYOTHIMANI, JUDICIAL MEMBER HON’BLE PROF.DR.R.NAGENDRAN, EXPERT MEMBER Final Order 29th May 2015 ---------------------------------------------------------------------------------------------------------------- This application has been renumbered after transferred from the Hon’ble High Court of Judicature, Madras at Madurai Bench (W.P.(MD) No. 11566 of 2012). The prayer in the application is to issue a Writ of Mandamus forbearing the Respondents No.1 to 6 from permitting the Respondents No.8 to 12 to quarry granite at Survey Nos. 545/1P, 536/1B, 527-535, 544, 524 – 525 in Mela Ambasamudram Village in Ambasamudram Taluk, Tirunelveli District and Survey No. 76 in Sivanthipuram Village in Ambasamudram Talum, Tirunelveli District and Survey NO.227 in South Pappankulam Village, South Kallidaikurichi, Ambasamudram Taluk, Tirunelveli District and Survey No.2 in Poongudaiyarkulam, Ambasamudram Taluk, Tirunelveli District for not obtaining Environmental Clearance from the 1st respondent. It is not in dispute that there were other two applications namely 256 of 2013 (SZ) ( W.P. (MD) No. 3274 of 2011) and 259 of 2013 (SZ) (W.P. (MD) No.13266 of 2010 for the same prayer in respect of the Ambai Taluk in Tamirabarani. The said applications, in the common order dated 5th March 2015 were dismissed holding that for such activity there is no necessity of EC from MoEF required as per the EIA Notifications, 2006 and also holding that as to whether the mining site is within the prohibited area, as per the EIA Notifications 2006 does not arise for consideration in these cases. Following the decision of the Tribunal, this application also stands dismissed. No cost. Justice Dr.P.Jyothimani (Judicial Member Prof. Dr. R. Nagendran (Expert Member) .
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