Petitioners sought removal of a stone crushing unit alleged to violate pollution norms. TNPCB inspection found no violation; the court disposed of the writ petition with an observation that action would follow any future pollution-law violation.
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W.P.No.20952 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.P.No.20952 of 2024 and
W.M.P.No. 22906 of 2024
1.B.Sekar
... Petitioners
Vs.
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W.P.No.20952 of 2024
6. Sampath ... Respondents
Prayer: Writ Petitions filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, directing the official respondents herein to forthwith take appropriate action against the 6th respondent herein and remove the stone crushing unit that is being set up by the 6th respondent in Agraharam Hill area of Sunnambukuttai Village, Mallapalli Post, Natrampalli Taluk, Thirupathur District.
For Petitioners : Ms.Priyadarshini for Mr.L.Palannimuthu
For Respondents : Mrs.E.Ranganayaki Additional Government Pleader for R1 to R4 : Mr.V.Gunasekar Standing Counsel for TNPCB for R5 : Mrs.Kanimozhimathi for R6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The writ of mandamus has been instituted to direct the official
respondents herein to forthwith take appropriate action against the 6th respondent herein and remove the stone crushing unit that is being set up by the 6th respondent in Agraharam Hill area of Sunnambukuttai Village,
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W.P.No.20952 of 2024
Mallapalli Post, Natrampalli Taluk, Thirupathur District.
that the 6th respondent is running stone crushing unit in violation of the Pollution Control Norms, the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board conducted an inspection and filed a counter affidavit. As per the counter affidavit, inspection was conducted and the Authorities found that the pollution laws are not violated. Paragraph Nos.8 and 9 of the counter affidavit reads as under:
"8. ....on receipt of the said complaints, the site was inspected by the official of the O/o. the DEE, TNPCB, Vaniyambadi on 04.07.2024 and it was observed that the new management M/s.C.K.S.Construction & Blue Metals has started civil activities at the site. In this regard, it is submitted that earlier CTE was issued to the unit M/s.Sri Venkateswara Blue Metal & Co by the TNPCB vide proceeding dated 18.06.2012 following all the norms including siting criteria and subsequently CTO was also issued to the unit vide proceeding dated 22.07.2017 and the unit has operated for some period. As the crusher M/s.Sri Venkateshwara Blue Metal and Co. has already been under operation in the same survey number, this proposed crusher cannot be considered as a new crusher with respect to the siting criteria.
9. ... CTO will be considered to the proposed unit M/s.C.K.S.Construction & Blue Metals only after ensuring that the unit has complied all the conditions stipulated in the CTE order
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W.P.No.20952 of 2024
issued to it."
With the above observation, the Writ Petition stands disposed of. No
costs. Connected MP is closed.
veda Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No
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W.P.No.20952 of 2024
To
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W.P.No.20952 of 2024
S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J.
veda
W.P.No.20952 of 2024
17.04.2025 (2/2)
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1 issue framed by the court
Should the stone crushing unit set up by the 6th respondent be removed for violation of pollution control norms?
1 provisions across 1 enactments
B.Sekar
G.Poovarasan
P.Elavarasan
M.Elayaraja
The District Collector, Thirupathur District, Thirupathur
The District Revenue Officer
S.M.Subramaniam
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
