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Madras High CourtWP/53/2012disposed of

M/S.Rehoboth Enterprises v. Maraimalai Nagar District

2022-12-14Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2022

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 53 of 2012 and M.P.No.1 of 2012 M/s.Rehoboth Enterprises Rep by its Proprietor S.Manoranjith Arulraj S/o.A.Stephen Jebaraj Erikkarai Street Maraimalai Nagar Kancheepuram Disrict - 603 209 .. Petitioner

Versus

Maraimalai Nagar District Municipality Rep by its Commissioner Maraimalai Nagar Kancheepuram District - 603 209 .. Respondent Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order made in Na.Ka.No.16/2011/A2 dated 16.12.2011 passed by the respondent and quash the same and consequently forbear the respondent or their men or agents or his subordinates from interfering with the petitioner's business carrying under the name and style of Rehobothh Enterprises at Erikkarai Street, Maraimalai Nagar, Kancheepuram District - 603 209. For Petitioner : Mr.G.Ethirajulu For Respondents : Mr.P.Srinivas 1/4

ORDER

This writ petition is filed challenging the order in Na.Ka.No.16/2011/A2 dated 16.12.2011 passed by the respondent on the premise that the petitioner is setting fire to plastic materials, quash the said notice and consequently forbear the respondent or their men or agents or his subordinates from interfering with the petitioner's business.

2. When the case was taken up, the learned counsel for the petitioner would submit that now the petitioner enterprise is not doing such violations and he is granted to operate the plant and discharge of sewage and/or trade effluent under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 as amended in 1988 (Central Act 6 of 1974) by the Tamil Nadu Pollution Control Board in the proceedings No.F.3221MMN/OS/DEE/TNPCB/MMN/W/202 dated 04.02.2021 and the Maraimalai Nagar Municipality has also granted permission vide Na.Ka.No.22/2022/H1 dated 09.03.2022. The above proceedings were placed before this Court and the same shall form part of the record.

3. Such view of the matter, this Court is of the view that since the 2/4

Tamil Nadu Pollution Control Board and the concerned Municipality has granted permission to the petitioner to discharge of sewage and/or trade effluent, the petitioner is hereby directed to strictly comply with the conditions as stipulated in the law without causing any Air Pollution by setting fire to the plastic materials, which is detrimental to the environment and species.

4. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 14.12.2022 dhk Index : Yes / No Speaking Order : Yes / No To The Commissioner Maraimalai Nagar District Municipality Maraimalai Nagar Kancheepuram District - 603 209 3/4

N.SATHISH KUMAR, J.

dhk W.P.No. 53 of 2012 14.12.2022 4/4