Disposed

Pasumpom Anand v. State of Tamilnadu

NGT25 Mar 2022IA No. 53/2022 in Original Application No. 156/2021

Case brief

AI extract

What is this about?

National Green Tribunal allowed an amendment application consequential to impleading a respondent and directed completion of pleadings and filing of counters by a specified date for subsequent hearing.

What did the court decide?

Allowed application for amendment (I.A. No.53 of 2022 (SZ)). Directed applicant to amend and file amended copies with respondents to file counters.

Pasumpom Anand vs State of Tamilnadu — Environment and Pollution | NGT (2022)

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Item No.31:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Original Application No. 156 of 2021 (SZ) & I.A. No.53 of 2022 (SZ)

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(Through Video Conference)

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IN THE MATTER OF

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B. Pasumpon Anand S/o. P. Bhagavathi 53/19, Pillayar Kovil Street, Nesapakkam, West KK Nagar, Chennai – 600 078.

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...Applicant(s) Versus

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State of Tamil Nadu Represented by its Principal Secretary, Environment Forests & Climate Change Department, Secretariat Complex, Namakkal Kavingar Maaligai, Fort St. George, Rajaji Road, Chennai and Ors. Date of hearing: 25.03.2022. CORAM :

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…. Respondent(s)

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HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

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HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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For Applicant(s): Mr. K.M. Mrithunjayan. For Respondent(s): Dr. D. Shanmuganathan for R1, R3, R5 & R7. Mr. G.M. Syed Nurullah Sheriff for R2. Mr. S. Sai Sathya Jith for R4 & R6. Mr. E. Manoharan along with Mr. D. Yeshwanth for R8 & R9.

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Page 1 of 4

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O R D E R

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1. The above case has been posted to today for completion of pleadings, consideration of further report, filing objections (if any) to the report already filed and also for hearing.

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2. The Original Applicant had filed an interlocutory application as I.A. No.53 of 2022 (SZ) to amend the original application, in view of the impleading of the 9^th Respondent and consequential to the impleading, by substituting the original grounds and also adding further new grounds.

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3. Heard the learned counsel appearing for the applicant and also the

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other respondents including the 9^th Respondent.

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4. Mr. E. Manoharan submitted that he wants to appear along with Mr. D. Yeshwanth and he wanted to file their counter to the allegations made in the original application. The learned counsel further submitted that he has no objection in allowing the application for amendment, but the liberty of the 9^th Respondent to file counter to the amendment application be left open.

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Page 2 of 4

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5. Since the amendment sought for is consequential to the impleading of the 9^th Respondent as a legal heir of the 8^th Respondent, the right of the 9^th Respondent to file counter including the amended allegations cannot be affected. Since in view of the impleading application already allowed, the amendment application has to be allowed. With the above liberty, the application for amendment is allowed and I.A. No.53 of 2022 (SZ) is disposed of accordingly.

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6. Amendment of the original application is allowed as per order in I.A. No.53/2022 (SZ).

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7. The Original Applicant is directed to carry out the amendment and also file an amended copy of the original application with a copy to the learned counsel for the respondents including the additional 9^th Respondent, so that they can file their counter (if any) to the new grounds that have been raised in the amended application.

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8. They are directed to file the counter and complete the pleadings and also file objections (if any) to the report already filed on or before 06.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter on 12.04.2022 for hearing.

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Page 3 of 4

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9. For completion of pleadings, consideration of further report and filing

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objections (if any) to the report already filed and also for hearing, post on 12.04.2022.

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Sd/Justice K. Ramakrishnan, JM

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Sd/Dr. Satyagopal Korlapati, EM O.A. No.156/2021 (SZ) I.A. No.53/2022 (SZ) 25^th March 2022. Mn.

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Page 4 of 4

Pasumpom Anand v. State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Pasumpom Anand v. State of Tamilnadu

Case brief

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What did the court decide?

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