Disposed

M/s. Sree Kavi Chamber Bricks v. The Principal secretary to Government

Madras HC17 Oct 2023WP/11592/2023

Case brief

AI extract

What is this about?

High Court, Madras disposed of four writ petitions filed by brick kiln operators challenging penalty orders dated 06.12.2022. The Court directed the Tamil Nadu Pollution Control Board to pass appropriate orders following a previous Division Bench judgment in a related batch, allowing the petitions within six months.

What did the court decide?

Directing the 3rd Respondent to pass appropriate orders in light of the Division Bench judgment in W.P.No.34307 of 2022 batch, preferably within six months.

M/s. Sree Kavi Chamber Bricks Vs The Principal secretary… — Property and Title | Madras HC (2023)

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.10.2023

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CORAM

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE N.MALA

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023 and WMP.Nos.11493, 11494, 11496, 11498, 11500, 11501, 11502 and 11504 of 2023

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M/s Sree Kavi Chamber Bricks Rep.by its Proprietor N.Krishnamurthy ...Petitioner in W.P.No.11592 of 2023 M/s. Indu Chamber Bricks Rep by its Proprietor P. Subramaniyam ...Petitioner in W.P.No.11596 of 2023

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M/s. MSK Chamber Bricks Rep by its Proprietor V. Kampaliyappan ...Petitioner in W.P.No.11597 of 2023

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M/s.NPK (JKS) Chamber bricks Rep by its Proprietor J. Kamalam ...Petitioner in W.P.No.11602 of 2023

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Vs.

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1.The Principal Secretary to the Government of Tamil Nadu, Industries Department, Government Secretariat, Fort St.George, Chennai-600009.

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Page No.1 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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The Secretary to the Government of Tamil Nadu Department of Environment & Forests, Government Secretariat, Fort St.George, Chennai-600009.

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3.The Chairperson, Tamil Nadu Pollution Control Board, No. 76, Anna Salai, Guindy, Chennai-600032.

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4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore North, No.5, Ramasamy Nagar, Kavundampalayam, Coimbatore -641030.

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5.The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore North, 4^th Floor, No. 34, Bharathi Park, 8th Cross Street, Saibaba Colony, Coimbatore-641011.

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6.The District Collector, Coimbatore District, Coimbatore-641018. ...Respondents in all W.Ps.,

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Prayer in W.P.No.11592 of 2023: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorari, calling for the records of the 3rd Respondent pertaining to the order in Proceedings No.T2/ TNPCB / F. 24093 / Brick Kiln / 138 / CBN / Directions / 2019, dated 06.12.2022 and to quash the same.

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Page No.2 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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Prayer in W.P.No.11596 of 2023: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorari, calling for the records of the 3rd Respondent pertaining to the order in Proceedings No.T2/ TNPCB / F. 24093 / Brick Kiln / 11 / CBN / Directions / 2019, dated 06.12.2022 and to quash the same.

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Prayer in W.P.No.11597 of 2023: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorari, calling for the records of the 3rd Respondent pertaining to the order in Proceedings No.T2/ TNPCB / F. 24093 / Brick Kiln / 80 / CBN / Directions / 2019, dated 06.12.2022 and to quash the same.

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Prayer in W.P.No.11602 of 2023: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorari, calling for the records of the 3rd Respondent pertaining to the order in Proceedings No.T2/ TNPCB / F. 24093 / Brick Kiln / 175 / CBN / Directions / 2019, dated 06.12.2022 and to quash the same.

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For Petitioners (in all Wps)	: Mr. Muralikumar, Senior Counsel for Mc Gan Law Firm
For Respondents (in all Wps)	: Mr.Stalin Abimanyu, AGP for RR1, 2 & 6 Mr.J.Ravindran, AAG assisted by Mrs.Shanmugavalli Sekar, Standing Counsel for RR3 to 5

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Page No.3 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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COMMON ORDER

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(Order of the Court was made by J.NISHA BANU, J.)

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Challenging the penalty order dated 06.12.2022 issued by the 3^rd respondent, these writ petitions are filed.

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The petitioners' unit are involved in the manufacture of bricks and involved in the quarrying of brick earth. They are conducting their business in Coimbatore District. Since the petitioners had not obtained consent to operate brick kilns under the relevant environmental statutes, the 3^rd respondent has served show cause notice dated 25.07.2022 on the petitioners' unit asking to show cause why a purported environmental compensation should not be levied under Environmental Protection Act,1986.

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The learned counsel for the petitioners has submitted that earlier a batch of writ petitions have been filed before this Court in W.P.Nos. 34307 of 2022 etc., batch. The Hon'ble Division Bench of this Court after elaborate discussions, by order dated 27.04.2023, has allowed the writ

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Page No.4 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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petitions by giving directions to the authorities concerned and prayed to pass orders in the light of the above order.

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The relevant portion of the order passed in the above

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W.P.No.34307 of 2022 etc., batch, is extracted below:-

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“43. In fine, we hold as follows:-

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(1) In terms of the delegated power under Section 5 r/w 23 of the Environment (Protection) Act, 1986, the Chairman, Tamil Nadu Pollution Control Board, is entitled to levy damages / penalty / compensation.

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(2) The Chairman, Tamil Nadu Pollution Control Board, prior to fixing damages, shall strictly follow the methodology given by the Central Pollution Control Board's In-house Committee for assessing environmental compensation and action plan in particular, as per Guidelines 1.3.2 .

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(3) Copy of the Report of the Committee appointed by the Chairman, TNPCB, under Guidelines 1.3.2, shall be given to each of the units.

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(4) The Chairman, Tamil Nadu Pollution Control Board need not give a personal hearing, however, the Committee

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Page No.5 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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will hear the petitioners herein individually prior to its assessment and receive their replies.

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(5) The Chairman, Tamil Nadu Pollution Control Board shall pass a reasoned order on all the matters individually referring to the report as well as the objections, if any.

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(6) The period of damage shall be from the date of commencement of the operation by the individual brick kiln which can be found out from the Annual Brick Fee paid by them or from such material as the Chairman / the Committee so decides and shall conclude with the date of closure passed by the District Collector, Coimbatore, i.e., 13.06.2021.

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(7) The said exercise shall be concluded within a period of six months from the date of receipt of a copy of this order. Till the completion of the assessment by the Committee, the parties shall maintain status quo.”

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5 . The learned Standing Counsel appearing for the respondents 3 to 5

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has no objections to pass the similar order.

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Considering the facts and circumstances of the case and the submissions made by the learned counsels appearing on either side, the 3^rd

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Page No.6 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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respondent is directed to pass appropriate orders in light of the judgment of the Hon'ble Division Bench of this Court passed in W.P.No.34307 of 2022 and etc., batch, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this Judgment.

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In the result, these writ petitions are disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed.

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(J.N.B., J.,) (N.M., J.,) 17.10.2023

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Jer

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Index: Yes / No Internet: Yes / No Neutral citation : Yes / No

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1.The Principal Secretary to the Government of Tamil Nadu, Industries Department, Government Secretariat, Fort St.George, Chennai-600009.

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The Secretary to the Government of Tamil Nadu Department of Environment & Forests, Government Secretariat, Fort St.George,

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Page No.7 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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Chennai-600009.

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3.The Chairperson, Tamil Nadu Pollution Control Board, No. 76, Anna Salai, Guindy, Chennai-600032.

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4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore North, No.5, Ramasamy Nagar, Kavundapalayam, Coimbatore -641030.

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5.The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore North, 4^th Floor, No. 34, Bharathi Park, 8th Cross Street, Saibaba Colony, Coimbatore-641011.

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6.The District Collector, Coimbatore District, Coimbatore-641018.

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Page No.8 of 9

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

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023

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

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Jer

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W.P.Nos.11592, 11596, 11597 and 11602 of 2023 and WMP.Nos.11493, 11494, 11496, 11498, 11500, 11501, 11502 and 11504 of 2023

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Page No.9 of 9

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

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17.10.2023

M/s. Sree Kavi Chamber Bricks v. The Principal secretary to Government

Case brief

What is this about?

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M/s. Sree Kavi Chamber Bricks v. The Principal secretary to Government

Case brief

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