Dismissed

G.Vasudevan v. the Chairman and Managing Director

Madras HC6 Sept 2024WP/26044/2024

Case brief

AI extract

What is this about?

The court closed a writ petition filed against the Tamil Nadu Pollution Control Board and others regarding alleged illegal crushers. Noting a lack of bona fides and selective litigation, the court nonetheless directed a visit to ensure compliance with consent norms.

What did the court decide?

Writ petition closed; direction to Tamil Nadu Pollution Control Board to visit the crushing unit and neighboring units to ensure compliance.

G.Vasudevan Vs the Chairman and Managing Director — Environment and Pollution | Madras HC (2024)

¶1

WP.No.26044/2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 06.09.2024

¶4

CORAM :

¶5

THE HONOURABLE MR. JUSTICE S.S. SUNDAR

¶6

AND

¶7

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

WP.No.26044/2024

G.Vasudevan

... Petitioner

Vs.

1.The Chairman and Managing Director The Tamil Nadu Pollution Control Board No.76, Anna Salai, Guindy Industrial Estate Race View Colony, Guindy, Chennai 600 032.

¶13

2.The District Collector O/o.The District Collector Chengalpattu District, Chengalpattu 603 011.

¶14

3.The District Environment Engineer The Tamil Nadu Pollution Control Board Maraimalai Adigal Street, Chengalpattu District, Chengalpattu 603 203.

¶15

4.Mr.R.Jayaraman ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus directing the respondents herein to consider

¶16

¶17

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

¶18

WP.No.26044/2024

¶19

the petitioner's representation dated 26.04.2024 and to take appropriate action against the illegal crushers running at the Maduravoyal Bye Pass Road and stop the same.

¶20

For Petitioner	: Mr.S.Madhu Sudanan
For RR 1 & 3	: Mrs.Shanmugavalli Sekar
For R2	: Mr.K.Karthik Jagannathan,GA

¶21

ORDER

¶22

[Order of the Court was made by S.S.SUNDAR, J.,]

¶23

(1)The present writ petition has been filed by the petitioner for issuance of a writ of mandamus to direct the respondents herein to consider the petitioner's representation dated 26.04.2024 and to take appropriate action against the illegal crushers running at the Maduravoyal Bye Pass Road and stop the same.

¶24

(2)Mr.s.Shanmugavalli Sekar, learned standing counsel accepts notice on behalf of the respondents 1 and 3 and Mr.K.Karthik Jagannathan, learned Government Advocate accepts notice on behalf of the 2^nd respondent.

¶25

(3)Learned Standing counsel appearing for the Pollution Control Board states that the 4^th respondent has obtained consent/permission both for establishing and operating the Crushing Unit. It is further pointed out that

¶26

¶27

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

¶28

WP.No.26044/2024

¶29

the 4

¶30

the 4^th respondent has installed required devices after getting consent. It is also submitted that a petition is filed only against the 4^th respondent while there are several other Crushing Units in the same vicinity.

¶31

(4)Therefore, this Court finds no bona fides in this Public Interest Litigation. Hence, recording the statement of the learned Standing Counsel appearing for the Pollution Control Board, this writ petition is closed.

¶32

(5)However, by way of abundant caution, the Pollution Control Board is directed to visit the 4^th respondent Crushing Unit and all other Units in the same vicinity to ensure that the 4^th respondent's Unit and other cluster of Units are being operated in adherence to the norms of the Board as well as the terms and conditions on which the consent was obtained. No costs.

¶33

[S.S.S.R., J.] [K.R.S., J.] 06.09.2024

¶34

AP Internet : Yes

¶35

¶36

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

¶37

WP.No.26044/2024

¶38

¶39

1.The Chairman and Managing Director The Tamil Nadu Pollution Control Board No.76, Anna Salai, Guindy Industrial Estate Race View Colony, Guindy, Chennai 600 032.

¶40

2.The District Collector O/o.The District Collector Chengalpattu District, Chengalpattu 603 011.

¶41

3.The District Environment Engineer The Tamil Nadu Pollution Control Board Maraimalai Adigal Street, Chengalpattu District, Chengalpattu 603 203.

¶42

¶43

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

¶44

WP.No.26044/2024

¶45

S.S. SUNDAR, J., and K.RAJASEKAR, J.,

WP.No.26044/2024

06.09.2024

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

¶50

G.Vasudevan v. the Chairman and Managing Director

Case brief

What is this about?

What did the court decide?

G.Vasudevan v. the Chairman and Managing Director

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

K.Gunasekaran Vs the District Collector

Alamelu Vs Tmt. P. Amudha

Selvi Vs M.G. Selvam

M.Gnanasekar Vs the District Collector

K.Mohan Vs the Secretary

The State of Tamil Nadu Vs Dr R K Hanumantha Naik