Disposed

M/s. Psd Aqua v. The Chairman

Madras HC10 Aug 2023WP/10058/2023

Case brief

AI extract

What is this about?

Petitioner challenged confirmation of water pollution closure order via Writ Petition. Court noted petitioner obtained a No Objection Certificate for groundwater drawal. Respondents directed to consider request for running the unit and pass appropriate orders within four weeks; petition disposed.

What did the court decide?

Respondents directed to consider petitioner's request for running the unit and pass appropriate orders within four weeks.

M/s. Psd Aqua Vs The Chairman — Environment and Pollution | Madras HC (2023)

¶1

W.P.No.10058 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 10.08.2023

¶4

CORAM :

¶5

THE HONOURABLE MRS. JUSTICE J.NISHA BANU

¶6

AND

¶7

THE HON'BLE MRS.JUSTICE N.MALA

¶8

W.P.No.10058 of 2023

¶9

and

¶10

W.M.P.Nos.10101 & 10102 of 2023

¶11

M/s.PSD Aqua Rep. by its Proprietor, Mr.G.Parasuraman, Office at S.No.147/1D1. Me Street, Pallalakuppam Village & Post, Pernambur Taluk, Vellore District 635 805

¶12

... Petitioner

¶13

Vs.

¶14

The Chaiman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai 600 032

¶15

The District Environmental Engineer, Tamil Nadu Pollution Control Board, Auxillum College Road, (Opp to Auxillum College) Gandhi Nagar, Vellore 632 006

¶16

___________ Page No.1 of 6_

¶17

https://www.mhc.tn.gov.in/judis

¶18

W.P.No.10058 of 2023

¶19

The Superintending Engineer, Vellore EDC, TANGEDCO, Gandi Nagar, Vellore 632 006

¶20

The Junior Engineer / MelPATTY/2/83 Chekkumedu Street, Melpatty Post, Gudiyatham Taluk, Vellore District. … Respondents

¶21

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of order dated 20.12.2022 passed by the Hon'ble National Green Tribunal (SZ) Chennai in Appeal No.62 of 2022 and the order issued by the 1^st respondent Board in Proc. No. TNPCB / T2 /F.022566-17 / VLR / Closure / Water / 2022 dated 28.10.2022 and quash the same.

¶22

For Petitioner : Mr.K.S.Viswanathan, Senior Counsel For RR 1 & 2 : Mrs. Shanmugavalli Sekar, Standing Counsel For RR 3 & 4 : Mr.S.Madhusuthanan, Standing Counsel

¶23

¶24

___________ Page No.2 of 6_

¶25

https://www.mhc.tn.gov.in/judis

¶26

W.P.No.10058 of 2023

¶27

O R D E R

¶28

(Order of the Court was made by J.Nisha Banu, J.)

¶29

This writ petition has been filed seeking to quash the order dated

¶30

20.12.2022 passed by the Hon'ble National Green Tribunal (SZ) Chennai in Appeal No.62 of 2022, whereby the closure order issued by the 1^st respondent Board in Proc. No. TNPCB / T2 /F.022566-17 / VLR / Closure / Water / 2022 dated 28.10.2022 was confirmed.

¶31

Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner, produced the “No Objection Certificate” issued by the Chief Engineer (SG& SWRDC), WRD, Tharamani, Chennai in Lr.No.DD(G)/OT 9/G-3/93/Fresh NOC/Vellore/2023 dated 31.07.2023 issued to the petitioner. The relevant paragraph is extracted hereunder:

¶32

“Please find the enclosed "No Objection Certificate", for drawal of groundwater to "M/s. PSD Enterprises", Kothapalli Village, Pernampattu Firka, Pernampattu Block, Pernampattu Taluk of Vellore District. As per the G.O.(Ms).No. 142. PW(R2) Dept, dt:23.07.2014, NOC for the water based industries must be renewed every year. You are requested to strictly adhere to the quantity permitted

¶33

___________ Page No.3 of 6_

¶34

https://www.mhc.tn.gov.in/judis

¶35

W.P.No.10058 of 2023

¶36

and conditions mentioned in the certificate and apply for renewal of NOC before two months from the date of expiry without fail. If you fail to apply for renewal of NOC, it will be treated as "illegal" and informed to District Monitoring Committee to seal the bore well in your unit as per Madras High Court orders in WP.No.28535/2014 & WP.No.16299/2018.”

¶37

In view of the “No Objection Certificate” issued by the Chief Engineer, (SG & SWRDC) WRD, Tharamani, Chennai 113, the respondents are directed to consider the request/ representation, if any, made by the petitioner for running of his unit and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

¶38

(J.N.B., J.) (N.M., J.) 10.08.2023 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No

¶39

sts

¶40

___________ Page No.4 of 6_

¶41

https://www.mhc.tn.gov.in/judis

¶42

W.P.No.10058 of 2023

¶43

To:

¶44

The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai 600 032

¶45

The District Environmental Engineer, Tamil Nadu Pollution Control Board, Auxillum College Road, (Opp to Auxillum College) Gandhi Nagar, Vellore 632 006

¶46

The Superintending Engineer, Vellore EDC, TANGEDCO, Gandi Nagar, Vellore 632 006

¶47

The Junior Engineer / MelPATTY/2/83 Chekkumedu Street, Melpatty Post, Gudiyatham Taluk, Vellore District.

¶48

___________ Page No.5 of 6_

¶49

https://www.mhc.tn.gov.in/judis

¶50

W.P.No.10058 of 2023

¶51

J.NISHA BANU, J., and N.MALA, J.,

¶52

sts

¶53

Order made in W.P.No.10058 of 2023

¶54

Dated: 10.08.2023

¶55

___________ Page No.6 of 6_

¶56

https://www.mhc.tn.gov.in/judis

M/s. Psd Aqua v. The Chairman

Case brief

What is this about?

What did the court decide?

M/s. Psd Aqua v. The Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.Subburayan Vs The District Collector

K.Lakshminarayanan Vs the Director of Town

S.Kumari Vs The Secretary to Government

R.Vijayamohan Vs The Secretary to Government

Paramasivam Vs the Registrar

A.Sambandam, Vs The State Human Rights