The Court allowed the petitioner's request for notice to protector its rights before the renewal of environmental consent is granted to a stone crusher unit, without adjudicating the merits of the dispute.
Directed the first respondent to put the petitioner on notice before passing any order in favour of the third respondent.
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K.Balamurugan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2020 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8738 of 2020
K.Balamurugan ...Petitioner Vs. 1.The District Environment Engineer, Tamil Nadu Pollution Control Board, Collector Office Campus, Dindigul – 624 004.
2.The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul District.
3.The Proprietor, M/s.Sri Venkateswara Crusher, R.S.No.522, 523/1D, 523/2A, Kombaipatti Village, Batlagundu Post, Nilakottai Taluk, Dindigul District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the first respondent to consider the objections raised by the petitioner as contained in the representation dated 11.05.2020 before deciding on renewal of consent to the third respondent Crusher Unit within the time stipulated by this Court.
For Petitioner : Mr.S.Louis For R1 : Mr.C.Kasirajan For R2 : Mrs.Srimathy for S.M.S.Johnny Basha R3 dispensed with
ORDER
Heard the learned counsel appearing on either side.
2.Considering the nature of the order to be passed in this writ petition, notice to the third respondent is dispensed with.
3.The third respondent is running a stone crusher unit. It appears that the third respondent had originally obtained consent from the petitioner. The petitioner has some serious objections for renewal of the said consent. All that the petitioner wants is that the first respondent should put the petitioner on notice before https://hcservices.ecourts.gov.in/hcservices/ passing any order in favour of the third respondent herein.
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4.I am of the view that no exception can be taken to the request. If the petitioner's rights are affected, then the petitioner is certainly entitled to notice.
5.The learned Standing Counsel also states that the first respondent will consider the petitioner's objection while considering the application of the third respondent for renewal.
6.The writ petition is disposed of on this terms. I make it clear that I have not gone into the merits of the matter. Nothing stated herein can operate to the prejudice to the third respondent. No costs.
// True Copy //
gns
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To
1.The District Environment Engineer, Tamil Nadu Pollution Control Board, Collector Office Campus, Dindigul – 624 004.
2.The Superintending Engineer, TANGEDCO, Dindigul Electricity Distribution Circle, Dindigul District.
+2 CC to M/s.S. KASIRAJAN, Advocate ( SR-15762[F] dated 03/09/2020 )
+1 CC to M/s.S. LOUIS, Advocate ( SR-15892[F] dated 03/09/2020 )
W.P.(MD)No.8738 of 2020 01.09.2020
https://hcservices.ecourts.gov.in/hcservices/ KK(08.09.2020) 2P 6C
1 issue framed by the court
Whether the petitioner is entitled to notice before the first respondent passes an order renewing the consent for the third respondent's stone crusher unit.
1 provisions across 1 enactments
K. Balamurugan
The District Environment Engineer, Tamil Nadu Pollution Control Board
The Superintending Engineer, TANGEDCO
The Proprietor, M/s. Sri Venkateswara Crusher
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
