Petitioner filed a writ under Article 226 seeking closure of Muthukadu Experimental Station violating Section 33-A of the Water Act. Bench directed second respondent to examine the project, verify breaches, and take action within three months.
Directs the second respondent to examine the project for breach and take action within three months.
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In the High Court of Judicature at Madras
Dated: 10.03.2015
Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and
The Honourable Mr. Justice M.M. SUNDRESH
Writ Petition No. 27218 of 2007
Ms. Vidya Raja .. Petitioner
vs.
1. M/s. Central Institute of Brackish-
water Aquaculture
rep. by its Director
No.75, Santhome High Road
R.A. Puram, Chennai – 600 028.
2. The Chairman
Pollution Control Board
Pollution Control Board Buildings
Guindy, Chennai 600032.
3. The Collector
Kancheepuram District
Kancheepuram. .. Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus to direct the Tamilnadu
Pollution Control Board, the 2 nd respondent herein, to exercise its
powers under Section 33-A of the Water (Prevention and Control of
Pollution) Act, 1974 and issue orders in accordance with law,
directing the Central Institute of Brackishwater Aquaculture, the 1
respondent herein, to close down the Muthukadu Experimental Station
and all its activities in the Muthukadu back waters.
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For Petitioner : Ms. C. Uma
For Respondents: Mr. S.T.S. Murthi
Govt. Pleader for R3
Mr. S.R. Sundaram for R1
Mrs. Rita Chandrasekaran for R2
Mr. T. Mohan (Advocate Commissioner).
---
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the Tamilnadu Pollution Control Board, the 2nd respondent herein, to exercise its powers under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and issue orders in accordance with law, directing the Central Institute of Brackishwater Aquaculture, the 1st respondent herein, to close down the Muthukadu Experimental Station and all its activities in the Muthukadu back waters.
O R D E R
(Made by The Hon'ble The Chief Justice)
The petitioner seeks action against the first respondent under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974, on account of the Brackishwater Aquaculture Project and to close down the Muthukadu Experimental Station.
3 issues framed by the court
Whether the second respondent should exercise powers under Section 33-A of the Act to verify if the first respondent is in breach of statutory provisions.
Whether the petitioner is entitled to a writ of Mandamus directing the closure of the Muthukadu Experimental Station.
Whether the experimental station is still carrying out activities in violation of the Act.
2 provisions across 2 enactments
Ms. Vidya Raja
M/s. Central Institute of Brackishwater Aquaculture
The Chairman, Pollution Control Board
The Collector, Kancheepuram District
SANJAY KISHAN KAUL
M.M. SUNDRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
