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                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 18.12.2018

                                                     CORAM:

                            THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
                                                      and
                           THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU


                                       W.P.(MD)No.24738 of 2018
                                                  and
                               WMP(MD)Nos.22428 to 22430 and 22545 of 2018

                      B.Ramkumar Adityan                           .. Petitioner

                                                     Vs.
                      1.The Secretary,
                        Ministry of Environment,
                        Forest and Climate Change,
                        Indira Paryavaran Bhavan,
                        Jorbagh Road,
                        New Delhi – 110 003.

                      2.The Chairman,
                        Central Pollution Control Board,
                        Parivesh Bhawan,
                        East Arjun Nagar,
                        New Delhi – 110 032.

                      3.The Chief Secretary,
                        Government of Tamil Nadu,
                        St. George Fort,
                        Chennai – 600 009.

                      4.The Principal Secretary,
                        Public Works Department,
                        Government of Tamil Nadu,
                        St. George Fort,
                        Chennai – 600 009.



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                      5.The Principal Secretary,
                        Energy Department,
                        Government of Tamil Nadu,
                        St. George Fort,
                        Chennai – 600 009.

                      6.The Principal Secretary,
                        Environment,
                        Forests & Pollution Department,
                        Government of Tamil Nadu,
                        St. George Fort,
                        Chennai – 600 009.                            .. Respondents

                               PRAYER: Writ Petition filed under Article 226 of the
                      Constitution of India to issue a Writ of Certiorarified Mandamus
                      calling for the records of the 1st Respondent in respect of the
                      Environmental and Coastal Regulation Zone (CRZ) clearance for
                      establishing Captive Coal Jetty in No.F.No.11-48/2009-IA.III dated
                      06.06.2011    granted   to   the   13th   Respondent,   Environmental
                      Clearance for 2 x 800 MW in No.J 13012/19/2008-IA.II(T) dated
                      14.10.2013 granted to the 13th respondent and subsequently
                      downsizing to 2 x 660 MW in No.J 13012/19/2008-IA.II (T) dated
                      26.04.2017 which is valid upto 13.10.2020, Consent to Establish
                      issued in Consent Order No.6218 dated 10.03.2014 under Section
                      21 of the Air (Prevention and Control of Pollution) Act, 1981 as
                      amended in 1987 (Central Act, 14 of 1981) and subsequently
                      renewed on 29.09.2016, Consent to Establish issued in Consent
                      Order No.6279 under Section 25 of the Water (Prevention and
                      Control of Pollution) Act, 1974 as amended in 1988 (Central Act 53
                      of 1988) and subsequently renewed on 29.09.2916 and quash the
                      same as illegal.




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                               For Petitioner                    : Mr.Karthick Subramanian
                               For R1 and R2                     : Mr.A.K.Baskarapandian
                                                                Special Government Pleader
                               For R3 to R13                      : Mr.H.Lakshmi Shankar


                                                   ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the petitioner made an endorsement indicating that he is withdrawing the Writ Petition with liberty to approach the National Green Tribunal.

2. In view of the endorsement so made, the Writ Petition is dismissed as withdrawn with such liberty. However, we make it clear that the expression (liberty) should not be construed as an opinion on the merits of the matter. No costs. Consequently, WMP(MD)Nos.

22428 to 22430 and 22545 of 2018 are closed.

[K.K.SASIDHARAN, J.] [P.D.AUDIKESAVALU, J.] 18.12.2018 Index : Yes/No Internet : Yes/No mj http://www.judis.nic.in  4 K.K.SASIDHARAN, J.

and P.D.AUDIKESAVALU, J.

mj To

1.The Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Jorbagh Road, New Delhi – 110 003.

2.The Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi – 110 032.

W.P.(MD)No.24738 of 2018 18.12.2018 http://www.judis.nic.in