Puducherry Enironment v. S.Arumugam, S/O Sakkarappani,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2015
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.13355 of 2015 and M.P.No.1 of 2015 1 Puducherry Enironment Protection Asso Rep by its Secretary K.Irisappan No.18 Sarkarai vinayagar Koil Street Koodapakkam and Post Puducherry.
.. Petitioner -vs1 S.Arumugam s/o Sakkarappani 2 Puducherry Pollution Control Committee Rep by its Member Secretary 3rd Floor Housing board Building Anna Nagar Puducherry 3 The Superintending Engineer-II Electricity Department Puducherry.
4 The Chief Controller of Explosives PESO, Nagpur.
5 The Chief Inspector of Factories and Boilers, Department of Labour, Gandhi Nagar, Puducherry.
6 The District Collector Revenue Complex, Saram Puducherry 7 M/S Shasun Chemicals and Drugs Limited, rep by its Director Periyakalapet, Puducherry.
8 The Town and Country Planning Department, Rep by its Chief Town Planner, Jawahar Nagar Puducherry 9 Puducherry Planning Authority Rep by its Member Secretary Jawahar Nagar
10 The Government of Puducherry Rep by its Secretary Housig Department Chief Secretariat Gubert Avenue Puducherry 11 The Government of Puducherry Rep by its Secretary Environment Chief Secretariat Gubert Avenue Puducherry. 12 The Government of Puducherry Rep by its Director Agriculture Departement Light House street Puducherry.
13 The Central Ground Water Authority Rep by its Member Secretary Gurgona New Delhi 14 The Puducherry Ground water Authority, No.15 III Cross street Mariamman Nagar Puducherry 15 Oulgrate Municipality Rep by its Commissioner Jawahar Nagar Puducherry.
16 Ministry of Environment and Forests rep by its secretary Union of India Lodhi Road New Delhi.
17 The Puducherry Coastal Zone Management Authority, Rep by its Member Secretary, 3rd Floor, Housing Board Building Anna Nagar Puducherry 605 005 18 The Director of Industries Puducherry Puducherry-1 19 Department of Drug Control Puducherry Rep by its Commissioner 20 The Central Pollution Control Board Parivesh Bhawan CBC-Cum-Office Complex east Arjuna Nagar Delhi - 110 003 21 The Superintendent of Police Puducherry.
22 The National Green Tribunal Southern Zone rep by its Registrar Pollution Control Board Buildings Arumbakkam Chennai .. Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the 22nd respondent culminating in the order of the 22nd respondent dated 24/02/2015 in Application No.165 of 2014 and M.A 215 of 2014 in application No.165 of 2014 and quash the same and direct the 22nd respondent tribunal to adjudicate Application no.165 of 2014 and M.A 215 of 2014 in Application no. 165 of 2014 on merits For Petitioner .. M/s.Vijayalakshmi K.Rajaratnam For Respondents .. M/s.N.Mala A.G.P. (Puducherry) for RR 2, 3, 5, 6, 8 to 12, 18, 19, 21.
.. Mr.Su.Srinivasan Addl. Solicitor Genl. For R-16
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The original applicant before the National Green Tribunal has been permitted to withdraw the petition, but subject to imposition of costs. The petitioner only sought to be impleaded as a party in that petition and at that stage, only notice had been issued on the application and before impleadment, the order has been passed permitting withdrawal of the petition. It is, this order, which is being impugned by the petitioner in the present petition. 2.We are of the view that the National Green Tribunal having exercised its discretion, there is no case made out for exercising jurisdiction under Article 226 of the Constitution of India. If the petitioner wants to make out a case of its own, it is for the petitioner to invoke the jurisdiction with appropriate material. 3.No case made out to interfere with the order impugned. Writ Petition is, accordingly, dismissed. No costs. Consequently, M.P.No.1 of 2015 is also dismissed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To 1 Member Secretary, Puducherry Pollution Control Committee, 3rd Floor Housing Board Building, Anna Nagar Puducherry
2 The Superintending Engineer-II Electricity Department Puducherry.
3 The Chief Controller of Explosives PESO, Nagpur.
4 The Chief Inspector of Factories and Boilers, Department of Labour, Gandhi Nagar, Puducherry. 5 The District Collector Revenue Complex, Saram Puducherry 6 The Chief Town Planner, Town and Country Planning Department, Jawahar Nagar Puducherry 7 Member Secretary Puducherry Planning Authority Jawahar Nagar Puducherry 8 Secretary Government of Puducherry Housing Department Chief Secretariat Gubert Avenue Puducherry 9 Secretary Government of Puducherry Environment Chief Secretariat Gubert Avenue Puducherry. 10 The Director Government of Puducherry Agriculture Departement Light House street Puducherry. 11 The Member Secretary Central Ground Water Authority Gurgona New Delhi 12 The Puducherry Ground water Authority, No.15 III Cross street Mariamman Nagar Puducherry 13 Commissioner Oulgrate Municipality Jawahar Nagar Puducherry.
14 Secretary Ministry of Environment and Forests, Union of India Lodhi Road New Delhi.
15 The Member Secretary Puducherry Coastal Zone Management Authority, 3rd Floor, Housing Board Building Anna Nagar Puducherry 605 005 18 The Director of Industries Puducherry Puducherry-1 19 Commissioner Department of Drug Control 20 The Central Pollution Control Board Parivesh Bhawan CBC-Cum-Office Complex east Arjuna Nagar Delhi - 110 003 21 The Superintendent of Police Puducherry.
22 The Registrar National Green Tribunal Southern Zone Pollution Control Board Buildings Arumbakkam Chennai.
1 cc to Mr. Su.Srinivasan,Advocate, SR.No.24336 1 cc to Mr.M/s.N.Mala, A.G.P. (Puducherry) ,Advocate, SR.No.24752 1 cc to M/s.Vijayalakshmi K.Rajaratnam ,Advocate, SR.No.24106 W.P.No.13355 of 2015 cnr(co)pmk.19.5.2015