Writ petition seeking direction to close a Tar Plant/Hot Mix Plant operating without consent. Court held that the unit cannot run without Consent and disposed of the petition, directing the party to approach the Appellate Authority. Connected petitions closed.
No costs. Consequently, connected Miscellaneous Petitions are closed.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P(MD)NO.9635 OF 2021 and W.M.P(MD)Nos.7381 and 10629 of 2021
V.Devaraj Kumar :Petitioner
.vs.
1.The District Collector, Collectorate, Tiruchirappalli. 2.The Block Development Officer, Manikandam Panchayat Union, Manikandam, Tiruchirappalli – 620 012. 3.The Joint Director, Industrial Safety and Health, No.2/3, Abdul Kalam Street, Khaja Nagar, Mannarpuram, Trichy 620 020. 4.The Member Secretary, The Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai – 600 032. 5.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Trichy – 620 015. 6.The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Trichy – 620 015. 7.V.Mallika :Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent 1 to 6 to consdier the representation of the Petitioner, dated 4.11.2020, 26.2.2021 and 11.03.2021 and direct them to take appropriate steps to close the Tar Plant/Hot Mix Plant run by the seventh respondent at Gouthanayakkanpatti Village, Poolanguthupatty Post, Trichy – 620 009.
For Petitioner :Mr.Vinod Sathya Lazar
For Respondents :Mr.P.Subbaraj 1 to 3, 5 and 6 Special Govt.Pleader
For Resondent-4 :Mrs.Vijayakumari Natarajan
For Respondent-7 :Mr.K.R.Nishanth
O R D E R
(Order of the Court was made by PUSHPA SATHYNARAYANA,J)
This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondent 1 to 6 to consdier the representation of the Petitioner, dated 4.11.2020, 26.2.2021 and 11.03.2021 and direct them to take appropriate steps to close the Tar/Hot Mix Plant run by the seventh respondent at Gouthanayakkanpatti Village, Poolanguthupatty Post, Trichy – 620 009.
2.Heard the learned counsel apppearing on either side and perused the materials placed before this Court.
3.The main complaint of the Petitioner is that the Tar Plant/Hot Mix Plant established by the seventh respondent is funtioning without obtaining valid consent or approval from the Tamil Nadu Pollution Control Board. The consent was not renewed beyond 31.03.2018. There is also a rejection order produced by the seventh respondent, in which, it is stated that during the personal hearing on 16.03.2020, the seventh respondent had assured to remove the machineries from the unit premises on or before 31.08.2021 and not to operate the unit till then. The rejection order further states that the unit was under operation intermittently not complying with the instructions issued by the Tamil Nadu Pollution Control Board and the Tamil Nadu Pollution Control Board has also found that there were complaints received from the nearby residents, as the unit was emitting smoke which is hazarduous to the health and that the unit being operated in the night hours also. It was further found that the unit has also not privided three layered green belt all around the unit premises. Admittedly, the Unit is now under Lock and Seal and it is not functioning, as of now. https://hcservices.ecourts.gov.in/hcservices/
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4.Unless the Tamil Nadu Pollution Control Board gives its consent, the unit cannot be opened. The rejection order of the Tamil Nadu Pollution Control Board was passed on 14.07.2021 and it is not known as to whether an appeal has been preferred before the Appellate Authority of the Pollution Control Board, till today. Even presuming for a moment that there are no objections from any quarter, the seventh respondent can run his unit only if the Tamil Nadu Pollution Control Board gives its consent. The only claim of the seventh respondent was that the residence including that of the Writ Petitioner is constructed only after the Tar Plant/Hot Mix Plant was erected and established.
5.As the factual details cannot be gone into by this Court, as and when the seventh respondent complies with the statutory requirements for running the Tar Plant/Hot Mix Plant, it is open to him to run the same. If the seventh respondent proposes to prefer an appeal before the Appellate Authority of the Tamil Nadu Pollution Control Board, the Writ Petitioner also may be given an opportunity of being heard. It is also not out of place to make a mention that in Application No.276 of 2016 before the National Green Tribunal, Southern Zone, Chennai, the Tribunal had directed the seventh respondent to close the unit and observed that the same can be run only with the consent of the Tamil Nadu Pollution Control Board.
6.The learned counsel for the seventh respondent mentioned that inside the unit, there were two residential units, where, the Petitioner has accomodated the workers of the Unit and therefore the same has to be opened. The said request can also be made before the Appellate Authority of Tamil Nadu Pollution Control Board and to get appropriate orders.
7.In the light of the above observations, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
vsn
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
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To
1.The District Collector, Collectorate, Tiruchirappalli.
2.The Block Development Officer, Manikandam Panchayat Union, Manikandam, Tiruchirappalli – 620 012. 3.The Joint Director, Industrial Safety and Health, No.2/3, Abdul Kalam Street, Khaja Nagar, Mannarpuram, Trichy 620 020. 4.The Member Secretary, The Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai – 600 032. 5.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Trichy – 620 015. 6.The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Trichy – 620 015.
+1 CC to M/s.VIJAYAKUMARI NATARAJAN, Advocate ( SR-35991[F] dated 26/11/2021 )
+1 CC to M/s.SPL GP ( SR-36071[F] dated 26/11/2021 )
W.P(MD)NO.9635 OF 2021 and W.M.P(MD)Nos.7381 and 10629 of 2021 25.11.2021
MGJ(15.12.2021) 4P 9C
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2 issues framed by the court
Whether a Writ of Mandamus should be issued to direct authorities to consider representations for closing a Tar Plant/Hot Mix Plant
Whether the unit can be run without Tamil Nadu Pollution Control Board consent
Colour shows how this judgement treated each authority
National Green Tribunal, Southern Zone, ChennaiExplained¶24
Application No.276 of 2016, National Green Tribunal, Southern Zone, Chennai
V. Devaraj Kumar
The District Collector, Collectorate, Tiruchirappalli
The Tamil Nadu Pollution Control Board
V. Mallika
PUSHPA SATHYNARAYANA
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
