Muhamad Anish v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.No.2968 of 2020 Muhamad Anish ...
Petitioner Vs.
1.The Member Secretary Nilgiris District, Nilgiris.
2.Joint Chief Environmental Engineer Tamil Nadu Pollution Control Board Chennai.
3.The District Environmental Engineer Tamilnadu Pollution Control Board Udhagamandalam.
4.The Commissioner Nelliyam Municipality Gudalur Taluk, The Nilgiris District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to take action based upon the proceedings in Lr.No.F.025/DEE/TNPCB/NLG/2019 dated 17.12.2019.
For Petitioner :
Mr.S.Kingston Jerold For Respondents:
Mr.J.Pothiraj, Special Govt.Pleader
O R D E R
(Order of the Court was made by DR.VINEET KOTHARI, J.) The petitioner Muhamed Anish S/o Pokar, a resident of Devala Village, Nilgiris District has filed this Public Interest Litigation seeking direction to the Tamil Nadu Pollution Control Board to take action against one Mr.Sibi P.B., M/s.P.Rayin Civil and Conveyance Contractor, Devala, who is manufacturing Bitumen Mixed Blue Metal Jelly Aggregate.
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2. According to the petitioner, licence given to him was only for manufacturing 22 M.T., per day, whereas he has exceeded his production limitation. Upon the complaint dated 14.12.2019 by the petitioner, the District Environmental Engineer of the Tamil Nadu Pollution Control Board has already issued a show cause notice to the said industry to furnish its explanation. Simultaneously, the petitioner has approached this Court by filing this Public Interest Litigation.
2. Having heard the learned counsel for both sides, we are satisfied that since the concerned authorities have initiated action against the said industry, who is not even impleaded as party respondent in this writ petition, we are not inclined to initiate any further enquiry in the matter. We however expect the respondents to proceed further in accordance with law, after giving an opportunity of hearing to the concerned industry.
3. With the above observations, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar KST To 1.The Member Secretary Nilgiris District, Nilgiris.
2.Joint Chief Environmental Engineer Tamil Nadu Pollution Control Board Chennai.
3.The District Environmental Engineer Tamilnadu Pollution Control Board Udhagamandalam.
4.The Commissioner Nelliyam Municipality Gudalur Taluk, The Nilgiris District +1cc to Mr.S.Kingston Jerold, Advocate, S.R.No. 10675 +1cc to the Government Pleader, S.R.No. 11398 W.P.No.2968 of 2020 KK(CO) GN(09/03/2020) https://hcservices.ecourts.gov.in/hcservices/