M/S.Synthite Industries Pvt. Ltd, Vs Ministry of… — Writ and Judicial Review | Madras HC (2025)

M/S.Synthite Industries Pvt. Ltd, Vs Ministry of… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; writ petition disposed of with liberty to the petitioner to approach the appellate authority against the Board's letter dated 22.06.2024, with a direction that any such appeal be decided on merits in accordance with law after affording opportunity to the parties, expeditiously; W.M.P.No.24634 of 2024 closed; no costs.

Issue for consideration

Whether the petitioner company, stated to be a manufacturer of vegetable oil, was wrongly categorized by the Tamil Nadu Pollution Control Board as a manufacturer of synthetic oil, warranting quashing of the Technical Committee minutes dated 07.05.2024 and the letter dated 22.06.2024 and grant of renewal of CTO for expansion. +1 more

Ratio / Principle

Disputed facts between the parties cannot be adjudicated in writ proceedings; the Court cannot determine whether the petitioner is manufacturing vegetable oil or synthetic oil, as that is to be found out by the expert Committee to be constituted by the Pollution Control Board.

Key takeaways

Since the Pollution Control Board had already inspected and passed final orders in letter dated 22.06.2024 declaring the petitioner ineligible, the petitioner is at liberty to approach the appellate authority to establish its case under the relevant provisions.ratio¶33
If the petitioner files such an appeal, the appellate authority shall consider it on merits and pass appropriate orders in accordance with law, affording opportunity to the parties, as expeditiously as possible.ratio¶33

Detailed headnote1 paragraphs

Writ Petition (Article 226) - Certiorarified Mandamus - Synthite Industries Pvt Ltd, stated to be a manufacturer of vegetable oil, challenged its categorization by the Tamil Nadu Pollution Control Board as a manufacturer of synthetic oil, seeking quashing of the Technical Committee minutes dated 07.05.2024 and the District Environmental Engineer's Letter No.F.No.1264CBN/MIS/DEE/TNPCB/AE/CBN/2024 dated 22.06.2024, and renewal of CTO for expansion (Application No.51697551 dated 27.02.2018): HELD, disputed questions of fact between the parties cannot be adjudicated in writ proceedings; whether the petitioner manufactures vegetable oil or synthetic oil is a matter for the expert Committee to be constituted by the Pollution Control Board; the Board having inspected and passed final orders on 22.06.2024 that the petitioner is not eligible for permission, the petitioner is at liberty to approach the appellate authority, which shall consider any such appeal on merits in accordance with law after affording opportunity to the parties, as expeditiously as possible. Writ petition disposed of; W.M.P.No.24634 of 2024 closed; no costs.

W.P.No.22608 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

W.P.No.22608 of 2024

M/S.SYNTHITE INDUSTRIES PVT LTD

REPRESENTED BY ITS ASSISTANT GENERAL

MANAGER (AGM)-UNIT OPERATIONS MR.RAJARAM VEDAGIRI

MARUDUR VILLAGE METTUPALAYAM TALUK COIMBATORE

.. PETITIONER

Vs

1 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (MoEF & CC) REP. BY ITS SECRETARY (EF & CC) INDIRA PARAYAVARAN BHAWAN, JORBAGH ROAD NEW DELHI 110 003

Email:[email protected] & Phone No.+91-11-20819308

2 STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) REP.BY ITS MEMBER SECRETARY 3RD FLOOR, PANAGAL MAALIGAI NO.1, JENNIS ROAD, SAIDAPET CHENNAI -600 015 Email:[email protected] & Phone No.044-24359973

3 THE MEMBER SECRETARY TAMIL NADU POLLUTION CONTROL BOARD NO.76, MOUNT SALAI GUINDY, CHENNAI 600 032

Page 1 of 5

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

W.P.No.22608 of 2024

4 THE DISTRICT ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD COIMBATORE NORTH, COIMBATORE

.. RESPONDENTS

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to Minutes of the Meeting of the Technical Committee dated 07.05.2024 issued by the 3^rd respondent herein and consequential Letter No.F.No.1264CBN/MIS/DEE/TNPCB/AE/CBN/2024 dated 22.06.2024 issued by the 4^th respondent herein and quash the same and consequently direct the 4^th respondent herein to process the petitioner's application for renewal of CTO Expansion vide Application bearing No.51697551 dated 27.02.2018 and grant renewal of CTO (Consent to Operate) for expansion to the petitioner herein.

For Petitioner :: Mr.M.Vijaya Mehanath for Ms.V.Janaranjani For Respondents :: Mr.V.Chandrasekaran Senior Panel Counsel for R1 & R2 Mr.P.Muthukumar Additional Advocate General assisted by Mr.V.Gunasekar Standing Counsel for R3 & R4

ORDER

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

The contention of the writ petitioner is that the petitioner company

has been wrongly categorized by the Tamil Nadu Pollution Control Board. They are the manufacturers of vegetable oil. But the Pollution Control

Page 2 of 5

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

W.P.No.22608 of 2024

Board considered the petitioner company as if they are manufacturing synthetic oil, which is incorrect.

2. Such disputed facts between the parties cannot be adjudicated in writ proceedings. The Court cannot find out whether the petitioner is manufacturing vegetable oil or synthetic oil. It is to be found out by the expert Committee to be constituted by the Pollution Control Board. The Pollution Control Board had already conducted inspection and passed final orders in letter dated 22.06.2024 stating that the petitioner is not eligible for permission. That being so, the petitioner is at liberty to approach the appellate authority in order to establish their case under the relevant provisions. In the event of filing any such appeal, the appellate authority shall consider the same on merits and pass appropriate orders in accordance with law, by affording opportunity to the parties, as expeditiously as possible. The writ petition stands disposed of. Consequently, W.M.P.No.24634 of 2024 is closed. No costs.

Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes/no 01.04.2025 ss

_____________ Page 3 of 5_

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

W.P.No.22608 of 2024

To

1 THE SECRETARY (EF & CC) MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE (MoEF & CC) INDIRA PARAYAVARAN BHAWAN, JORBAGH ROAD NEW DELHI 110 003

2 THE MEMBER SECRETARY STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) 3RD FLOOR, PANAGAL MAALIGAI NO.1, JENNIS ROAD, SAIDAPET CHENNAI 600 015

3 THE MEMBER SECRETARY TAMIL NADU POLLUTION CONTROL BOARD NO.76, MOUNT SALAI GUINDY, CHENNAI 600 032

4 THE DISTRICT ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD COIMBATORE NORTH, COIMBATORE

Page 4 of 5

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

W.P.No.22608 of 2024

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss

W.P.No.22608 of 2024

01.04.2025

_____________ Page 5 of 5_

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