Disposed

V.R.Raghunathan v. The Additional chief secretary to Government

Madras HC17 Apr 2024WP/8593/2023

Case brief

AI extract

What is this about?

A senior citizen alleged that a coffee roasting and grinding unit caused air pollution and sought a mandamus to stop it. The Tamil Nadu Pollution Control Board reported that the unit had raised its chimney height above the building line. Recording this, the Court disposed of the petition, permitting the Board to enforce its standards.

What the court decided

AI extract

V.R.Raghunathan Vs The Additional chief secretary… — Environment and Pollution | Madras HC (2024)

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W.P.No.8593 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.04.2024

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CORAM:

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THE HON'BLE MR.JUSTICE S.S.SUNDAR and THE HON'BLE MR.JUSTICE N.SENTHILKUMAR

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W.P.No.8593 of 2023 and W.M.P.No.8766 of 2023

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V.R.Raghunathan ...Petitioner

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vs.

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1.The Additional Chief Secretary to Government, Ministry of Environment, Climate & Forests Department, Secretariat, Chennai – 9.

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2.Member Secretary, Tamil Nadu Pollution Board, 76, Mount Salai,

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Guindy, Chennai – 600 032.

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3.The Commissioner, Greater Chennai Corporation, Amma Maligai, Ripon Building Campus, Chennai – 600 003.

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4.District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai – 600 001.

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5.Kumbakonam Iyers Coffee, Ref. By its Manager, Door No.61, 12 th Avenue, Ashok Nagar, Chennai – 83. ...Respondents

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

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1/5

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W.P.No.8593 of 2023

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Prayer in : Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct 1 st to 4 th respondent to stop the factory of the 5 th respondent from functioning.

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For Petitioner : Mr.N.Bulin Prabhu For Respondents : Mr.R.Vigneswaran for R1 & R4 Government Advocate Mrs.Shanmugavalli Sekar for R2 Standing Counsel Mr.D.B.R.Prabhu for R3 Standing Counsel Ms.S.Selvakumari for R5

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ORDER

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(Order of the Court was made by S.S.Sundar , J.)

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The petitioner who is a Senior Citizen, filed the above Writ Petition alleging that the fifth respondent Coffee Roasting and Grinding Unit causes air pollution.

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2.After submitting the representation to the official respondents,

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the petitioner has filed this Writ Petition for issuance of a Mandamus seeking for a direction to direct the respondents 1 to 4 respondent to stop

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the factory of the fifth respondent from functioning.

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

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W.P.No.8593 of 2023

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3.This Court directed the Tamil Nadu Pollution Control Board to

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file a report as to the statutory requirements to permit continuance of

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Coffee Roasting and Grinding Unit in a residential area.

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4.The learned standing counsel appearing for the second respondent submitted before this Court earlier that the fifth respondent has been advised to increase the height of chimney so that there will not be any smoke affecting the neighbourhood. It is now reported before this Court that the fifth respondent has increased the height of chimney. After an inspection, the second respondent has filed a report before this Court confirming that the fifth respondent has increased the height of chimney by two meters and that the height of the chimney is above the building line in the eastern side.

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5.Recording the statement, this Court finds that the grievance of the petitioner is addressed. However, in case, the Tamil Nadu Pollution Control Board is fixing standard or norms for Coffee Roasting and Grinding Unit in a residential area, the same may be implemented strictly and this order will not stand in the way of taking further action as against the fifth respondent, if the said unit is not in conformity with the standard

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prescribed by the Pollution Control Board. https://www.mhc.tn.gov.in/judis

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W.P.No.8593 of 2023

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6.With the above observation, this Writ Petition is disposed of.

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No costs. Consequently, connected miscellaneous petition is closed.

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(S.S.S.R.,J.) (N.S.,J.) 17.04.2024

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Index: yes/no Speaking order:yes/no Neutral Citation:yes/no pam

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1.The Additional Chief Secretary to Government, Ministry of Environment, Climate & Forests Department, Secretariat, Chennai – 9.

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2.Member Secretary, Tamil Nadu Pollution Board, 76, Mount Salai, Guindy, Chennai – 600 032.

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3.The Commissioner, Greater Chennai Corporation, Amma Maligai, Ripon Building Campus, Chennai – 600 003.

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4.District Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai – 600 001.

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

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4/5

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W.P.No.8593 of 2023

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S.S.SUNDAR, J. and N.SENTHILKUMAR, J.

Pam

W.P.No.8593 of 2023

17.04.2024

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

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V.R.Raghunathan v. The Additional chief secretary to Government

Case brief

What is this about?

What the court decided

V.R.Raghunathan v. The Additional chief secretary to Government

Case brief

What is this about?

What the court decided

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