LAWS(MAD)-2012-8-181

G SUNDARRAJAN Vs. UNION OF INDIA

Decided On August 31, 2012
G SUNDARRAJAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE issue involved in all these cases relates to the commissioning of Units 1 and 2 of Kudankulam Nuclear Power Project (for brevity, "KNPP"). Even though the prayers in these writ petitions are different, they are taken up together, since the issue is one and the same.

(2.) THIS writ petition is a public interest litigation. The petitioner, who is an Engineering Graduate in Electronics and Instrumentation, claims to be a trustee of a public trust called "Poovulagin Nanbargal", which is connected with environmental and other issues. After coming to know from the newspapers that the Government of India, represented by the Department of Atomic Energy will commission the KKNPP by November, 2011, he has filed the said writ petition for a direction against respondents 1 and 3 to undertake a fresh and transparent review of KKNPP at Kudankulam, Tirunelveli District, Tamil Nadu by an independent body of experts, including those of the Department of Atomic Energy of the Union of India, by holding public hearings in accordance with law and till such time not to commission the project and also not to commission the same without fresh Environment Impact Assessment and Coastal Regulation Zone clearance.

(3.) IN the affidavit filed by the original writ petitioner opposing the plea of impleading of the PUCL, he has stated that the writ petition was filed on 19.10.2011 and it was heard by the Hon'ble First Bench and subsequently transferred to this Court and this Court has been hearing the matter for a long time which has been covered by the media visual and print widely. It is stated that the writ petitioner has filed two writ petitions one in W.P.No.24770 of 2011, which was filed at the time when the Government of India has constituted a Task Force to study after Fukushima disaster, and another in W.P.No.8262 of 2012 was filed on 25.3.2012 after the Task Force report was submitted and that writ petition was for a direction to implement the Task Force recommendations in Annexure-VIII to the report of the AERB before fuel loading of the reactor core starts in KKNPP and that writ petition was also admitted and many other writ petitions were also filed.