M/S.Remmy Substrates India (P)Ltd v. A.Thiyagaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR M/s Remmy Substrates India (P) Ltd rep by its Executive Director Mr.L.Ramprakash No.299/2, Kattampatti Village Kinathukadavu Taluk Coimbatore District 642 202 ..

Petitioner in W.P.Nos.

3980 & 3983 of 2025 M/s Duinkop Enterprises Private Ltd-Unit 1 rep by its Director Mr.M.Jayachandran No.58/1, Palladam Pollachi Main Road Kattampatti Village Kinathukadavu Taluk Coimbatore District 642 202 ..

Petitioner in W.P.Nos.

3986 & 3989 of 2025 v.

1. A.Thiyagaraj

2. The Tamil Nadu Pollution Control Board rep by its Chairman, Corporate Office No.76, Mount Road, Guindy Chennai 600 032

3. The District Environmental Engineer Coimbatore South Tamil Nadu Pollution Control Board Plot No.E-55A, Kuruchi, SIDCO Industrial Estate Pollachi Main Road Coimbatore 641 021 ..

Respondents in all WPs W.P.No.3980 of 2025 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the impugned order dated 29.07.2024 passed in R.A.No.03 of 2024 (SZ) in I.A.No.26 of 2024 (SZ) in Appeal No.22 of 2024 (SZ) on the file of the Learned National Green Tribunal, Southern Zone at Chennai and quash the same and consequently dismiss the Appeal No.22 of 2024 (SZ) on the file of the learned National Green Tribunal, Southern Zone at Chennai, as statutorily time barred.

W.P.No.3983 of 2025 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the impugned order dated 29.07.2024 passed in R.A.No.06 of 2024 (SZ) in I.A.No.30 of 2024 (SZ) in Appeal No.25 of 2024 (SZ) on the file of the Learned National Green Tribunal, Southern Zone at Chennai and quash the same and consequently dismiss the Appeal No.25 of 2024 (SZ) on the file of the Learned National Green Tribunal, Southern zone at Chennai, as statutorily time barred.

W.P.No.3986 of 2025 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the impugned order dated 29.07.2024 passed in R.A.No.05 of 2024 (SZ) in I.A.No.29 of 2024 (SZ) in Appeal No.24 of 2024 (SZ) on the file of the Learned National Green Tribunal, Southern Zone at Chennai and quash the same and consequently dismiss the Appeal No.24 of 2024 (SZ) on the file of the Learned National Green Tribunal, Southern Zone at Chennai, as statutorily time barred.

W.P.No.3989 of 2025 is filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of Certiorari, calling for the records of the impugned order dated 29.07.2024 passed in R.A.No.01 of 2024 (SZ) in I.A.No.25 of 2024 (SZ) in Appeal No.20 of 2024 (SZ) on the file of the Learned National Green Tribunal, Southern Zone at Chennai and quash the same and consequently dismiss the Appeal No.20 of 2024 (SZ) on the file of the Learned National Green Tribunal, Southern Zone at Chennai, as statutorily time barred.

For Petitioners ::

Mr.T.Gowthaman Senior Counsel for Mr.S.A.Sayed Shuhaibb For Respondents ::

Mr.A.Yogeswaran for Mr.R.Prabakar for R1 Mr.S.Sai Sathya Jith Standing Counsel for R2 & R3 COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The review order dated 29.07.2024 passed by the National Green Tribunal, Southern Zone at Chennai is sought to be assailed in the present writ proceedings.

2. The issue relating to condonation of delay has been raised before the Tribunal. The Tribunal initially found that the delay is uncondonable, in view of the limitation prescribed under the Act. Subsequently, review

applications were filed by the first respondent. The review applications were allowed by condoning the delay stating that an error crept in while passing the original orders in the appeal.

3. The learned Senior Counsel appearing on behalf of the writ petitioners would mainly contend that no notice was issued to the writ petitioners, who are all the respondents before the Tribunal. The delay to be condoned itself is a disputable issue and therefore an opportunity is to be afforded to the writ petitioners to put forth their case before the Tribunal.

4. The learned counsel appearing for the first respondent has no serious objection for adjudication of issues on merits including condonation of delay and the sufficiency of cause to be considered, by the Tribunal.

5. In view of the fact that the Tribunal has not granted an opportunity to the writ petitioners, we are inclined to interfere with the order impugned. Accordingly, the impugned common order dated 29.07.2024 passed in the

review applications is set aside and the matters are remanded back to the Tribunal for fresh adjudication by affording opportunity to the parties and to pass orders on merits and in accordance with law. It is needless to state that all the related issues also deserve to be considered by the Tribunal on merits. The writ petitions are allowed. Consequently, W.M.P.Nos.4430, 4432, 4433 & 4437 of 2025 are closed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) 25.02.2025 ss To

1. The Registrar National Green Tribunal Southern Zone, Chennai

2. The Chairman Tamil Nadu Pollution Control Board Corporate Office, No.76, Mount Road, Guindy Chennai 600 032

3. The District Environmental Engineer Coimbatore South Tamil Nadu Pollution Control Board Plot No.E-55A, Kuruchi SIDCO Industrial Estate Pollachi Main Road, Coimbatore 641 021

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss W.P.Nos.3980 of 2025 etc.

25.02.2025