Dismissed¶26

Tamilnadu Pollution Control Board v. M/s. Modenik Lifestyle Private Limited, Rep by its Chief Financial Officer

MADRAS HIGH COURT (G.K.ILANTHIRAIYAN, J.) – Crl.M.P.No.16019 of 2025 in Crl.O.P.No.11679 of 2025

Madras HC22 Sept 2025CRL MP/16019/2025

Download

Case brief

AI extract

What is this about?

Recall of quashing order refused - Section 528 BNSS 2023 criminal miscellaneous petition dismissed - private complaint quashed on notification dated 22.12.2014 - notification quashed by Kerala High Court Division Bench and confirmed by Supreme Court - January 2025 exemption notification set aside by Supreme Court - Tamilnadu Pollution Control Board vs Modenik Lifestyle Private Limited, Tirupur - unauthorised constructions - Madras High Court, G.K.Ilanthiraiyan J., 22.09.2025.

What did the court decide?

Petitioner is at liberty to proceed in accordance with law, as against the unauthorized constructions if any. ¶26

Tamilnadu Pollution Control Board Vs M/s. Modenik Lifestyle Private Limited, Rep by its Chief Financial Officer — Madras HC (2025) — LawSathi Research

¶1

Crl.M.P.No.16019 of 2025 in Crl.O.P.No.11679 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 22.09.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

¶6

Crl.M.P.No.16019 of 2025 in Crl.O.P.No.11679 of 2025

¶7

Tamilnadu Pollution Control Board Represented by its District Environmental Engineer, Dr.M.Senthil Kumar, Tirupur North, II Floor, Kumaran Commercial Complex, Kumaran Road, Tirupur District - 641 601. ... Petitioner

¶8

¶9

M/s.Modenik Lifestyle Private Limited, Represented by its Chief Financial Officer, Mr. Manish Daga, SF No.505/1 Part 3, Part 4 part, 506/1 part, 2 part, 3 part and 507/1 part, 2 part, Chengapalli Village, Uthukuli Taluk, Tirupur District ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to Recall the order dated 17.04.2025 passed in Crl.OP.No.11679 of 2025 and to Restore the petition to file and list it for fresh hearing.

¶10

For Petitioner : Mr.P.Kumaresan

¶11

Page 1 of 4

¶12

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

¶13

Crl.M.P.No.16019 of 2025 in Crl.O.P.No.11679 of 2025

¶14

Additional Advocate General assisted by Mr.V.Gunasekar Standing Counsel for TNPCB For Respondent : Mr.M.Mohamed Riyaz for Mr.D.Raghu

¶15

ORDER

¶16

This Criminal Miscellaneous Petition has been filed to recall

¶17

the order dated 17.04.2025 passed in Crl.OP.No.11679 of 2025.

¶18

2. It is seen that this petition has been filed, on the ground that

¶19

this Court quashed the private complaint on the strength of the notification dated 22.12.2014 and the said notification was quashed by the Hon'ble Division Bench of the High Court of Kerala at Ernakulam and subsequently, it was confirmed by the Hon'ble Supreme Court of India. In fact, another subsequent notification was also issued in the month of January, 2025 and the same was also issued for granting exemption for certain areas. However, it was also set aside by the Hon'ble Supreme Court of India.

¶20