M/S.Sri Maruthi Aqua Mineral Water v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.No.8358 of 2022 and W.M.P. No.8328 of 2022 M/s.Sri Maruthi Aqua Mineral Water rep. by its Proprietor K.Padmavathy .. Petitioner -vs1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032.
2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, District Collectorate Master Plan Complex, Back side of Taluk Office, Villupuram - 605 602.
3.The Executive Engineer/O&M/TANGEDCO, 110-33-11 KVSS Compound, Singavaram Road, Gingee - 604 202.
4.The Assistant Engineer/TANGEDCO, 110-33-11 KVSS Compound, Singavaram Road, Gingee - 604 202.
.. Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records passed by the first respondent in proceedings No.T2/TNPCP/F.027862/NA1/GS/W&A 2021-1 and Proceedings No.T2/TNPCP/F.027862/NA1/GS/W&A 2021-2 dated 04.01.2022 and quash the same subsequently direct the second respondent to issue the consent certificate as per online application dated 21.01.2022 within the time frame fixed by this Court.
For Petitioner ::
Mr.T.Karunakaran For Respondents ::
Mrs.Shanmugavalli Sekar, Standing Counsel for TNPCB/1 & 2 Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO/R3&R4
ORDER
(Order of the Court was made by T.RAJA, J.) This writ petition has been filed by the petitioner, challenging the proceedings Nos.T2/TNPCP/F.027862/NA1/GS/W&A 2021-1 and T2/TNPCP/ F.027862/NA1/GS/W&A 2021-2 dated 04.01.2022 issued by the first respondent and seeking a direction to the second respondent to issue the consent certificate as per online application dated 21.01.2022 within the time frame fixed by this Court.
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2.When the matter is taken up for hearing, learned counsel appearing for the petitioner, drawing our notice to the Application filed for consent under Sections 25/26 of the Water (Prevention and Control of Pollution) Act as amended (Central Act 6 of 1974), submitted that the petitioner has given an Application with a list of attachments, containing 22 descriptions, but, the same is pending for a quite long time on the file of the Tamil Nadu Pollution Control Board. Therefore, if a direction is given to them to consider and pass orders on the application filed by the petitioner, the grievance of the petitioner would be complied with. Learned counsel for the petitioner further submitted that if any further norms are to be complied with by the petitioner, the same may be indicated to the petitioner by giving him 10 days time for compliance.
3.Since the petitioner's Application dated 21.01.2022, seeking consent from respondents 1 and 2, enclosing list of attachments is pending for a quite long time, the Tamil Nadu Pollution Control Board is hereby directed to consider the Application filed by the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of 3/6
two months from the date of receipt of a copy of this order. On perusal of the application along with the enclosures, if the Tamil Nadu Pollution Control Board feels that some more norms are to be complied with by the petitioner, 10 days time may be granted to the petitioner to comply with the same. Accordingly, this writ petition stands disposed of. Consequently, W.M.P. No.8328 of 2022 is closed. However, there is no order as to costs. (T.R.,J.) (K.B.,J.) 22.06.2022 vga 4/6
To 1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032.
2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, District Collectorate Master Plan Complex, Back side of Taluk Office, Villupuram - 605 602.
3.The Executive Engineer/O&M/TANGEDCO, 110-33-11 KVSS Compound, Singavaram Road, Gingee - 604 202.
4.The Assistant Engineer/TANGEDCO, 110-33-11 KVSS Compound, Singavaram Road, Gingee - 604 202.
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T.RAJA, J.
and K.KUMARESH BABU,J.
vga W.P.No.8358 of 2022 and W.M.P. No.8328 of 2022 22.06.2022 6/6