K.Poongavanam v. The Tamil Nadu Pollution Control Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR Mr.K.Poongavanam ..
Petitioner v.
1. The Tamil Nadu Pollution Control Board O/o the District Environment Engineer S.F.No.1/6D & 1/5B Perumbakkam Village
2. The Joint Chief Environmental Engineer (M) First Floor, 950/1, Poonamallee High Road Arumbakkam, Chennai 600 106
3. Tamil Nadu Pollution Control Board rep.by its Chairperson No.76, Mount Road Guindy, Chennai 600 032
4. The District Environment Engineer Adjacent to Sub Treasury near Tollgate
5. The Superintending Engineer West/Chennai TANGEDCO, 33KV Thirumangalam Complex Anna Nagar, Chennai 600 040
6. The Assistant Engineer Ayanambakkam TANGEDCO 33/11, KV T.I.Cycles SS Campus TNEB (Near T.I.Cycles playground) Ambattur, Chennai 600 053 ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders of the 3rd respondent issued vide his proceedings No.TNPCB/TI/F.013055/TLR/Closure/Water/2025 dated 09.01.2025, proceedings No.TNPCB/TI/F.013055/TLR/Closure/EB/Water/ 2025 dated 09.01.2025 proceedings No.TNPCB/TI/F.013055/TLR/ Closure/Air/2025 dated 09.01.2025 proceedings No.TNPCB/TI/ F.013055/TLR/Closure/EB/Air/2025 dated 09.01.2025, quash these orders and consequently direct the respondents 1 to 4 not to take any action till the final decision of the CMDA vide its reply in proceedings Letter No.R1/6185/2022-2 dated 18.09.2024 mean time direct the 5th respondent to restore the electricity supply to M/s.HARIPRASATH ENTERPRISES situated at Survey No.485, measuring A2.06; Survey No.571, measuring 1.42 cents; and Survey No.490/1, measuring 19 cents (8284 sq.ft) all located at No.85, Ayanambakkam Village, Ambattur Taluk, Tiruvallur District.
For Petitioner ::
Mrs.Selvirejesh For Respondents ::
Mr.V.Gunasekar Standing Counsel for R1 to R4 Ms.Sindhuza M.S for Mr.L.Jaivenkatesh Standing Counsel for R5 & R6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order passed by the Tamil Nadu Pollution Control Board directing closure and disconnection of power supply to the industry-M/s Hariprasad Enterprises, is under challenge. Pertinently, the industry, namely, M/s Hariprasad Enterprises is not even a party in the present writ proceedings. The petitioner claims to be the owner of the building, in which M/s Hariprasad Enterprises is running the industry. The authorities found that the said industrial unit is violating the pollution norms and action was initiated and a detailed order has been passed for closure of the industry and for disconnection of power supply. Therefore, the cause arose only for the proprietor of M/s Hariprasad Enterprises and not the writ petitioner, who claims to be the landlord and electricity service connection has been
provided by TANGEDCO in the name of the petitioner. In the event of vacating the premises by the tenant of the writ petitioner, the petitioner may claim restoration of electricity service connection. However, the petitioner cannot seek electricity service connection for running the industry in the name of M/s Hariprasad Enterprises. Pertinently, the industry has been constructed in an agricultural land. That being so, the petitioner cannot lease out the property for running a factory. After evicting the industry from the subject property, the petitioner may submit an application for restoration of electricity service connection and thereafter the authorities may consider the same. However, in support of tenant, for the purpose of running the industry, the petitioner cannot file the writ petition and the order impugned has not been served to the writ petitioner and thus the writ petition is not entertainable and consequently stands dismissed. Consequently, W.M.P.Nos.5089 & 5090 of 2025 are also dismissed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) 11.03.2025 ss
To
1. The District Environmental Engineer S.F.No.1/6D & 1/5B Perumbakkam Village
2. The Joint Chief Environmental Engineer (M) First Floor, 950/1, Poonamallee High Road Arumbakkam, Chennai 600 106
3. The Chairperson No.76, Mount Road Guindy, Chennai 600 032
4. The District Environmental Engineer Adjacent to Sub Treasury near Tollgate
5. The Superintending Engineer West/Chennai TANGEDCO, 33KV Thirumangalam Complex Anna Nagar, Chennai 600 040
6. The Assistant Engineer Ayanambakkam TANGEDCO, 33/11, KV T.I.Cycles SS Campus TNEB (Near T.I.Cycles playground) Ambattur, Chennai 600 053
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss 11.03.2025