Writ petition alleging pollution from an illegally running concrete ready mix plant was dismissed as the court found the allegations to be untrue based on counter-affidavit evidence showing necessary permissions and communications.
Writ petition dismissed; no costs.
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W.P.(MD) No.6913 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2019 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
W.P.(MD) No.6913 of 2019 and W.M.P.(MD) No.5512 of 2019
Govindaraj
... Petitioner
-vs-
1.The Government of Tamilnadu By its Secretary Department of Environment & Forest Chennai
2.The District Collector Thanjavur 3.The Joint Chief Environment Officer Tamil Nadu Pollution Control Board Trichy 4.The District Environment Engineer Tamil Nadu Pollution Control Board Thanjavur 5.S.S.A.Ready Mix Concrete Karambathur Irumbuthalai Post Pabanasam Taluk Thanjavur District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action against the 5th respondent for illegally running the plant and causing air and water pollution to the surrounding Nanja lands.
For Petitioner : Mr.Muthukrishnan
For Respondents: Mr.A.K.Baskarapandian Special Government Pleader for R1 to R4 Mr.P.Athimoolapandian for R5
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W.P.(MD) No.6913 of 2019
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.] This writ petition has been filed as a public interest litigation alleging that the fifth respondent is running a Concrete Ready Mix Plant, without any approval, in the agricultural lands and causing air and water pollution to the surrounding areas.
2. The fifth respondent has filed a counter affidavit contending that the petitioner is not a geniune public interest litigant and there is a dispute between the petitioner's son and the fifth respondent and in this regard, a criminal case is also pending. Further, it is seen that the fifth respondent has obtained necessary permission from the Pollution Control Board in the year 2017 and there are communications between the fifth respondent and the District Collector, Sub Collector and Tahsildar and the Executive Engineer and the fifth respondent, which clearly show that the allegations made by the petitioner against the fifth respondent are far from truth. Furthermore, it is not the case of the petitioner how the fifth respondent is violating the approval conditions.
3. In the light of the above, we are not inclined to issue any direction as prayed for by the petitioner. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar(CO)
// True Copy //
Sub Assistant Registrar(CS)
krk
To:
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W.P.(MD) No.6913 of 2019
4.The District Environment Engineer, Tamil Nadu Pollution Control Board, Thanjavur.
+1CC TO MR.P.ATHIMOOLAPANDIAN, Advocate Sr. No.101655 +1CC TO MR.S.MUTHU KRISHNAN, Advocate Sr. No.101995 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.102437
W.P.(MD) No.6913 of 2019 and
W.M.P.(MD) No.5512 of 2019 26.11.2019
ns(CO) TR(04.12.2019) 3P 8C
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1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus directing government authorities to take action against the petitioner for allegedly illegally running a concrete plant.
Govindaraj
Government of Tamilnadu
District Collector Thanjavur
Joint Chief Environment Officer Tamil Nadu Pollution Control Board Trichy
District Environment Engineer Tamil Nadu Pollution Control Board Thanjavur
S.S.A.Ready Mix Concrete Karambathur
T.S.SIVAGNANAM
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
