Allowed

Misc Application in disposed of cases No. 18/2024 in Original Application No. 135/2021 of K. Palaniyappan v. District Collector

NGT12 Nov 2024Misc Application in disposed of cases No. 18/2024 in Original Application No. 135/2021

Case brief

AI extract

What is this about?

The applicant sought restoration of an electricity connection disconnected due to a closure order. The court noted the disconnect hampered the applicant's agricultural activities, despite the brick kiln being inactive since 2023. Following an undertaking by the applicant, the tribunal directed the District Environmental Engineer to instruct the Electricity Board to restore the supply.

What did the court decide?

Direct the District Environmental Engineer, TNPCB to communicate to the Electricity Board to restore the power supply without further delay.

Misc Application in disposed of cases No. 18/2024 in… — Environment and Pollution | NGT (2024)

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Item No.02:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Tuesday, the 12^th day of November 2024.

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(Through Video Conference)

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Miscellaneous Application No.18 of 2024(SZ) in Original Application No.135 of 2021(SZ)

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IN THE MATTER OF:

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Gopal

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Bypass Road, Opp. SMT Marriage Hall, Tuthampatti Post, Omalur Taluk, Salem, Tamil Nadu – 636 306.

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…Applicant/Respondent No.7

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Versus

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1) K. Palaniyappan

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S/o. Kandasamy Goundar Bypass Road, Tuthampatti Post, Omalur Taluk, Salem, Dasavilakku, Tamil Nadu – 636 306.

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…Respondent No.1/ Original Applicant

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2) District Collector

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Salem District Collectorate Fort Main Road,

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Salem, Tamil Nadu – 636 001.

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3) Revenue Divisional Officer

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Office of Revenue Divisional Officer

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Omalur Taluk, Salem.

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4) Member Secretary

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Tamil Nadu State Environment Impact Assessment Authority Panagal Maligai, Jeenis Road, Saidapet, Chennai – 600 015.

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5) Member Secretary

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Tamil Nadu Pollution Control Board 76, Mount Salai, Chennai.

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6) District Environmental Engineer

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Tamil Nadu Pollution Control Board Siva Tower, Post Box No.457, No.1/276, Meyyanur Main Road, Salem – 636 004.

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Page 1 of 3

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7) K. Rajendran

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S/o. Kandasamy Bypass Road, Opp. SMT Marriage Hall, Tuthampatti Post, Omalur Taluk, Salem, Tamil Nadu – 636 306.

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...Respondents No.2 to 7/ Respondents No.1 to 6

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For Applicant(s): M/s. H. Lucia Priyadharshini & A.S. Shanmuga Rajan.

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For Respondent(s): Dr. D. Shanmuganathan for State of Tamil Nadu. Ms. Aarti represented Mr. S. Sai Sathya Jith for TNPCB.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. VIJAY KULKARNI, EXPERT MEMBER

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JUDGMENT

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1. The above Miscellaneous Application is filed seeking restoration of the electricity connection that was disconnected by virtue of the closure order.

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2. In the final order passed by us in the Original Application, it was specifically stated that the disconnection of the service connection had crippled the day-to-day affairs of the agricultural activity of the applicant herein.

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3. Upon inspection by the Board officials, the learned counsel appearing for the Tamil Nadu Pollution Control Board (TNPCB) would state that when the brick kiln was in operation, there was a misuse of the service connection. It is noted that after 2023, the applicant has ceased to operate the country brick kiln.

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Page 2 of 3

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4. However, in view of the disconnection of electricity service, they are unable to carry on their agricultural activities. Hence, it would be appropriate to restore the disconnected service connection.

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5. It is further stated by the learned counsel appearing for the TNPCB that a communication to that effect has already been sent to the Member Secretary of the TNPCB by the District Environmental Engineer on 19.09.2023.

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6. The learned counsel appearing for the applicant also states that the applicant is giving an undertaking that he will not use the service connection for any purpose other than for what it is intended to.

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7. Recording the above-said statement, we direct the District Environmental Engineer, TNPCB to communicate to the Electricity Board to restore the power supply. Upon receipt of such communication, the Tamil Nadu Electricity Board is directed to restore the power supply without further delay.

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8. In view of the above, the Miscellaneous Application [M.A. No.18 of 2024(SZ) in O.A. No.135 of 2021(SZ)] is allowed and disposed of.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Sd/-

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Dr. Vijay Kulkarni, EM

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M.A. No.18 of 2024(SZ) in O.A. No.135/2021(SZ) 18^th October, 2024. AD.

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Page 3 of 3

Misc Application in disposed of cases No. 18/2024 in Original Application No. 135/2021 of K. Palaniyappan v. District Collector

Case brief

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Misc Application in disposed of cases No. 18/2024 in Original Application No. 135/2021 of K. Palaniyappan v. District Collector

Case brief

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What did the court decide?

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