In a PIL regarding vehicle emissions, the Madurai Bench held that the subject matter falls exclusively under the National Green Tribunal. The petition was dismissed with liberty to approach the NGT.
Petitioner granted liberty to approach the National Green Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2016
CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.20659 of 2016
Tamil Nadu Centre for Public Interest Litigation K.K.Ramesh, Managing Trustee, No.26-A, Old Mahalipatti Road, Madurai – 625 001. .. Petitioner Vs.
1.The Union of India, rep. by its Home Secretary, Ministry of Home Affairs, North Block, New Delhi. 2.The Union of India, rep. by its Secretary, Ministry of Road Transport and Highways, New Delhi. 3.The Union of India, rep. by its Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi – 110 003. 4.The Union of India, Central Pollution Control Board, Ministry of Environment & Forests, East Arjun Nagar, Delhi – 110 032. 5.The State of Tamil Nadu, rep. by its Chief Secretary, Fort St. George, Secretariat, Chennai. 6.The State of Tamil Nadu, rep. by its Home Secretary, Fort St. George, https://hcservices.ecourts.gov.in/hcservices/ Secretariat, Chennai.
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7.The State of Tamil Nadu, rep. by its Principal Secretary, Health Department, Secretariat, Chennai.
8.The State of Tamil Nadu, rep. by its Transport Secretary, Fort St. George, Secretariat, Chennai.
9.The Director General of Police, Dr.Radhakrishnan Street, Chennai. .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 5th respondent to set up flying squads in Taluk level, District level, State level in Tamil Nadu and impose heavy fine amount and seize those motor vehicles befting out huge black and white carbon monoxide from the noxxle, to protect present and future generations health conditions so as to have a clean healthy living and also to protect the earth from various pollutions by considering the representation dated 22.09.2016.
For Petitioner : Mr.K.K.Ramesh, Party – in – person
For respondents 1 to 4 : Mr.R.Murugappan CGSC
For respondents 5 to 9 : Mr.S.Chandrasekar, Government Advocate
O R D E R
[Order of the Court was made by S.NAGAMUTHU, J.]
The petitioner has come up with this Public Interest Petition for the following prayer;
“This Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Order or Direction or suggestion or observation or particularly in the nature of Writ, directing the 5th respondent to set up flying squads in Taluk level, District level, State level in Tamil Nadu and impose heavy fine amount and seize those motor vehicles befting out huge black and white carbon monoxide from the noxxle, to protect present and future generations health conditions https://hcservices.ecourts.gov.in/hcservices/ so as to have a clean healthy living and also to protect the earth from various pollutions by considering the representation dated 22.09.2016.”
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2.We have heard the petitioner, who appeared in person and the learned counsel appearing for the respondents.
3.In our considered view, the issue involved in this Writ Petition is to be examined by the National Green Tribunal. In view of the same, this Writ Petition is dismissed with liberty to the petitioner to work out his remedy before the National Green Tribunal. No costs.
Sd/-
Assistant Registrar(C.O)
/True Copy/
Sub-Assistant Registrar
To
1.The Home Secretary,
Ministry of Home Affairs, North Block, New Delhi.
2.The Secretary, Ministry of Road Transport and Highways, New Delhi.
3.The Secretary, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi – 110 003.
4.The Union of India, Central Pollution Control Board, Ministry of Environment & Forests, East Arjun Nagar, Delhi – 110 032.
5.The Chief Secretary, Fort St. George, Secretariat, Chennai. 6.The Home Secretary, Fort St. George, Secretariat, Chennai. 7.The Principal Secretary,Health Department,Secretariat, Chennai. 8.The Transport Secretary, Fort St. George, Secretariat,Chennai. 9.The Director General of Police, Dr.Radhakrishnan Street, Chennai.
+One cc to M/s.K.K.Ramesh, Party-in-Person, SR.No.67762 +One cc to Mr.R.Murugappan, Advocate, SR.No.67839 +One cc to The Special Government Pleader, SR.No.67951
gcg
RL/13C/3P/SKS/RR/29.11.2016
Order made in W.P.[MD].No.20659 of 2016
10.11.2016
1 issue framed by the court
Whether a Writ Petition seeking directives to set up flying squads and impose fines for vehicle pollution should be decided by the High Court or National Green Tribunal.
Tamil Nadu Centre for Public Interest Litigation K.K.Ramesh
Union of India rep. by its Home Secretary
Union of India rep. by its Secretary, Ministry of Road Transport and Highways
Union of India rep. by its Secretary, Ministry of Environment and Forests
Union of India, Central Pollution Control Board
State of Tamil Nadu rep. by its Chief Secretary
S.NAGAMUTHU
M.V.MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
