N.G.T. Southern Zone, Chennai closed Original Application No.22 of 2023 (SZ) after the respondent company filed an undertaking affidavit stating the unit was not operating due to a partnership dispute and disconnection of electricity.
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Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Wednesday, the 07th day of February 2024.
(Through Video Conference)
Original Application No.22 of 2023 (SZ)
IN THE MATTER OF:
P. Kesavan
S/o. Ponnusamy Nagampalli Post, Moolapatti – Via Aravakurichi Taluk,
Karur District – 639 109.
...Applicant(s)
Versus
1) The District Collector Karur District Collectorate, Karur – 639 007.
2) The Chairman Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai – 600 032.
3) The Member Secretary Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai – 600 032.
Tamil Nadu Pollution Control Board S.F. Nos.654 Part & 655 Part Arivuthirukkovil Road, L.G.B Nagar, L.N.S Village, Karur – 639 001.
Aravakurichi T.K., Karur – 639 202.
7) M/s. Sree Dheivam Blue Metals Rep. by its Partner K. Chandrasekar S.F. No.1339/1 & S.F. No.1339/2, Nagampalli Village, Aravakurichi Taluk, Karur District.
...Respondent(s)
Page 1 of 3
For Applicant(s): Mr. S. Thangavel, Mr. P. Mathivanan & Mr. K. Balasubramanian.
For Respondent(s): Dr. D. Shanmuganathan for R1 & R6. Mr. S. Sai Sathya Jith for R2 to R4. Mr. R. Prabakar & Mr. N. Palanikumar for R7.
CORAM :
HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
1. The above Original Application was filed seeking relief for permanent injunction restraining the 7th Respondent (M/s. Sree Dheivam Blue Metals) who is operating the stone crusher, M-Sand and P-Sand crusher unit and also directing the authorities to take action against them by closing the unit by stopping the power supply for violation of the consent conditions issued by the Tamil Nadu Pollution Control Board.
2. Today, when the matter was taken up, the 7th Respondent / Project Proponent filed an undertaking affidavit through one of the partners which are as follows:-
“2. I submit that by virtue of Partnership Deed dated 23.12.2021, I as I am as a partner one of the Partner entitled to file undertaking in this proceedings. There are 3 other partners by Name T. Arunkumar, T. Kathirvel, A.M. Thangamuthu. Originally, there was another partner by name Mr. Radhakrishnan, after his resignation, now there are four partners in the business.
Page 2 of 3
3. From the above, it is clear that the unit is not in operation, as the electricity connection has already been disconnected. As and when the Project Proponent proposes or desires to start the operation, he may get appropriate clearances from the regulatory bodies and start the operation as per the norms.
4. In view of the above, the Original Application [O.A. No.22 of 2023 (SZ)] is closed.
Sd/Smt. Justice Pushpa Sathyanarayana, JM
Sd/-
Dr. Satyagopal Korlapati, EM
O.A. No.22/2023(SZ)
07 th February, 2024. Mn.
Page 3 of 3
1 issue framed by the court
Whether the original application seeking permanent injunction against the stone crusher unit will be disposed of given the unit is not in operation.
P. Kesavan
The District Collector
The Chairman Tamil Nadu Pollution Control Board
The Member Secretary Tamil Nadu Pollution Control Board
The District Environmental Engineer
M/s. Sree Dheivam Blue Metals
PUSHPA SATHYANARAYANA
SATYAGOPAL KORLAPATI
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
