Writ petition sought action on a representation to close plastic units. Inspection by the District Environment Engineer found the unit only collected, segregated and baled waste with no consent required and no violation. The court declined relief and disposed of the petition.
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W.P.(MD)No.1676 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD)No.1676 of 2019
A.Thangaraj
... Petitioner
Vs.
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W.P.(MD)No.1676 of 2019
10.The Executive Officer, Valayapettai Panchayat, Valayapettai, Kumbakonam Taluk, Thanjavur District.
11.V.Mohan Kumar 12.Masilamani 13.P.Velusamy 14.V.Nirmala
...Respondents
(R13 & R14 are impleaded vide Court order dated 04.07.2025 in W.M.P(MD)No. 13274 of 2015 in W.P.(MD)No.1676 of 2019)
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1, 2, 4, 5, 8, 9 and 10 to take necessary action regard to the petitioner's representation dated 21.12.2018, which relating to the closure of the plastic units of the respondents 11 and 12 herein within the time stipulated by this Court.
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For Petitioner : Mr.A.Thangaraj (Party-in-Person) For R1 & R3 : Mr.Mahaboob Abdul Rasiq, for Mrs.Madhuri Donti Reddy For R2, R4 to R6 : Mr.P.Thilak Kumar, & R10 Government Pleader For R7 : Mr.M.Rajarajan For R8 : Mr.C.M.Mari Chelliah Prabhu For R11 & R12 : Mr.S.I.Muthiah
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The Writ on hand has been instituted to direct the respondents 1, 2, 4, 5
and 8 to 10 to take necessary action with regard to the petitioner's representation dated 21.12.2018, which is relating to the closure of the plastic units of the respondents 11 and 12 herein within the time stipulated by this Court.
2.This Court directed the District Environment Engineer, Tamil Nadu Pollution Control Board / 3rd respondent to conduct inspection and submit a report. Accordingly, counter affidavit has been filed by the respondents 1 and 3, which reveals that no consent is required from any authority for storing the waste
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W.P.(MD)No.1676 of 2019
materials and it amounts to no violation. Regarding the allegation set out by the petitioner, Paragraph No.14 of the counter reads as under:-
“14.It is respectfully submitted that based on this writ petition the 3rd respondent inspected the alleged site on 04.07.2025 and 15.07.2025 and the following observation were noted which reads as follows:-
a.The unit of M/s.Kamatchiamman traders (previously occupied as M/s.Kamatchiamman traders & M/s.Kamatchiamman plastics) is carrying out collection, segregation and baling of waste paper, plastic packaging covers, cardboard boxes etc.,
b.The unit has provided one number of hydraulic pressing machine of 7.5HP capacity.
c.The unit is surrounded by Melachatram Main Road on North, vacant land on South, Street Road on East & residential houses on the West.”
3.Since there is no violation, this Court is not inclined to grant any relief. However, if any nuisance or other inconvenience are caused to the residents, they are at liberty to approach the concerned authorities for initiation of appropriate action.
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4.With the above observation, this Writ Petition stands disposed of. No
costs.
(S.M.S., J.) & (A.D.M.C., J.) 21.07.2025 NCC : Yes / No Index : Yes / No
Yuva
To
1.The District Collector, District Office, Thanjavur.
2.The General Manager, Small Scale Industries Centre, Thanjavur.
5.The Executive Officer, Valayapettai Panchayat, Valayapettai, Kumbakonam Taluk, Thanjavur District.
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W.P.(MD)No.1676 of 2019
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
Yuva
W.P.(MD)No.1676 of 2019
21.07.2025
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1 issue framed by the court
Whether the plastic waste storage units of respondents 11 and 12 violated pollution control norms warranting closure.
A.Thangaraj
The Chairman, Tamil Nadu Pollution Control Board
The District Collector, Thanjavur
The District Environment Engineer, Tamil Nadu Pollution Control Board, Thanjavur
The General Manager, Small Scale Industries Centre, Thanjavur
V.Mohan Kumar
S.M.Subramaniam
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
