Writ petition by an oil mill whose electricity was disconnected on the District Collector's direction after pollution control board inspection. The court noted a fresh inspection gave the petitioner a hearing, awaited the District Coordination Committee's minutes, and closed the petition without costs.
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2024:MHC:6150
W.P.No.2389 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 06.02.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.2389 of 2024
Vs
Erode - 638011.
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W.P.No.2389 of 2024
5.Executive Engineer
Public Works Department, Erode - 638 001.
6.Revenue Divisional Officer, Erode – 638 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 12.01.2024 and direct the District Coordination Committee headed by the Convenor/District Collector to pass a necessary order.
For Petitioner : Mr.Srinath Sridevan, Senior Counsel for Mr.Eswar For Respondents : Mr.M.R.Gokulakrishnan (R1) Additional Government Pleader Mr.Syed Sibgathullah (R4 to R6) Standing Counsel Mr.V.Gunasekar (R2) Standing Counsel for TNPCB No appearance (R3)
O R D E R
Read this order in continuation of and in conjunction with order dated
02.02.2024 that reads as follows:
Mrs.Geetha Thamaraiselvan, learned Special Government Pleader accepts notice for R1 and R6, Mr.Kishore Kumar, learned Government Advocate accepts notice for R3 and Mr.Syed Sibghatulla, learned Standing Counsel accepts notice for R4 and R5. They seek some time to obtain instructions and file a counter.
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2. Notice through Court as well as privately to R2, returnable 06.02.2024. Private notice to the panel counsel, if any, for R2 is also permitted. Proof of service be placed on file.
3. Certain complaints were received from the persons in the vicinity based upon which R2 had initiated proceedings as against it. Based on the adverse proceedings of R2, the District Collector/R1 had directed the officials of TANGEDCO to disconnect the power connections forthwith. That letter dated 23.12.2023 reads thus:
'From To
Thiru.Raja Gopal Sunkara, I.A.S., The Superintending Engineer Chairman, DCC/District Collector, TANGEDCO
Erode District. Erode Electricity Distribution Circle
EVN Road, Erode
Letter No.: DC/DEE/TNPCB/ERD/F.DCC/2023, Dated: .12.2023
Sir,
Sub: TNPC Board, O/o. DEE, Erode – Hon'ble High Court of Madras, Chennai Order Dated: -04.07.07 & 09.08.07 in W.P.Nos.5494/98 & 30153/03 – District Co-ordination Committee constituted by the District Collector – Power supply of the units to be disconnected – Regarding.
Ref: 1.G.O.Ms.No.23 Environment & Forests Department (EC1) Dated: 01.03.2018.
2.Proc. of the District Collector, Erode vide Lr.No.6058/2018/C4 Dated: 20.05.2019.
3.Inspection of oil mill by the official of O/o. DEE, TNPC Board, Erode on 24.11.2023.
*****
I am to inform that the Government of Tamil Nadu in order to protect the precious water bodies has constituted the District Coordination Committee (DCC) vide the reference 1st cited. Pursuant to the said G.O. the District Collector, Erode has constituted the DCC
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W.P.No.2389 of 2024
vide the reference 2nd cited. The DCC takes action against the violating industries. The TNPCB officials have inspected the following industries found discharging untreated effluent outside the premises thus polluting the water bodies and manufacturing the banned plastic items.
| Sl. No. | Date of inspection |
Name and Address of the units |
|---|---|---|
| 1. | 24.11.2023 | M/s. Sunraja Oil Industries Private |
| Limited, S.F.No.85/3,4,5,6, |
||
| 87/1,2,3,4 and 88/1, |
||
| Koorapalayam Village, | ||
| Erode Taluk and Erode District. |
Hence, it is instructed to disconnect all the power supply connections provided of the above said units immediately. The action taken in this regard shall be intimated to the DEE, TNPCB, Erode for obtaining necessary ratifications in the forthcoming DCC meeting.
DCC Chairman/District Collector
Erode'
Pursuant to the same, electricity connection was disconnected. The petitioner states it has thereafter taken necessary measures to correct the violations found by the Pollution Control Board and has now made an application for re-connection of the electricity supply.
4. The petitioner also states that there was an inspection caused by the District Coordination Committee on 23.01.2024 and the petitioner has received a clean chit. A copy of the inspection report will be produced on the next date of hearing by the learned Special Government Pleader as the petitioner states that it has not been furnished a copy of the same.
5. List on 06.02.2024 at the end of admission list. Written instructions/counter by then with an advance copy served upon the petitioner.
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Dr.ANITA SUMANTH,J.
06.02.2024
Index : Yes / No Speaking order Neutral citations:Yes sl
To
2.District Environmental Engineer, Tamilnadu Pollution Control Board, Chennaimalai Road, Erode - 638009. 3.The Superintendent of Police Erode - 638001.
5.Executive Engineer Public Works Department, Erode - 638 001.
W.P.No.2389 of 2024
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1 issue framed by the court
Whether the respondents should consider the petitioner's representation for reconnection of electricity following DCC inspection and decision.
1 provisions across 1 enactments
Sunraja Oil Industries Private Limited Rep. by its Managing Director K.Gandhirajan
The District Collector, District Collectorate, Erode
District Environmental Engineer, Tamilnadu Pollution Control Board, Erode
The Superintendent of Police, Erode
Superintending Engineer, TANGEDCO, Erode Distribution Circle
Executive Engineer, Public Works Department, Erode
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
