M/S. Rsk Chamber Bricks Unit I v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2026 CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.8477, 8479, 8480, 8481, 8483, 8484, 8485, 8486, 8488 and 8489 of 2023 M/s.VVK Chamber Bricks Unit II, Rep. by its Occupier K.Sundaraja, 540/2B, Veerapandi Village, Coimbatore District-641 108 Petitioner in WP No.8280/2023 M/s.TRN Chamber Bricks, Rep. by its Proprietor R. Narayanaswamy, Thadagam Village, Near S-Bend, Brindavan Garden, Coimbatore North Taluk, Coimbatore-641 108 Petitioner in WP No.8285/2023
RSK Chamber Bricks Unit I, Rep. by its Proprietor R.Krishnaswamy, No.491/B2, Anaikatti Main Road, Thaneerpandal Chinnathadagam Village, Coimbatore-641 108.
Petitioner in WP No.8290/2023 M/s.RNP Bricks Rep. by its Proprietor P.Mohanraj S/o.Palanisamy S.F.No.254, Nanjundapuram Village, Ramanathapuram Chinnathadagam Coimbatore.
Petitioner in WP No.8293/2023 M/s.VVK Chamber Bricks Unit I, Rep. by its Occupier K.Sundararaj, 530/1A & 1B Veerapandi Village, Coimbatore District-641 108.
Petitioner in WP No.8295/2023 Vs 1.The Principal Secretary to the Government of Tamil Nadu, Industries Department, Government Secretariat, Fort St. George, Chennai- 600 009.
2.The Secretary to the Government of Tamil Nadu, Department of Environment & Forests, Government Secretariat, Fort St. George, Chennai- 600 009.
3.The Chairperson Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai-600 032.
4.The District Environmental Engineer Tamil Nadu Pollution Control Board, Coimbatore North, No.5, Ramasamy Nagar, Kavundampalayam, Coimbatore - 641 030.
5.The Joint Chief Environmental Engineer Tamil Nadu Pollution Control Board, Coimbatore North, 4th Floor, No.34, Bharathi Park 8th Cross Street, Saibaba Colony, Coimbatore - 641 011.
6.The District Collector Coimbatore District, Coimbatore - 641 018.
Respondents in all WPs PRAYER in W.P.No.8280 of 2023 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 3rd respondent pertaining to the order in Proceedings No.T2/TNPCB/F.24093/Brick Kiln/47/CBN/Directions/2019, dated 06.12.2022 and to quash the same as arbitrary, unjust and illegal.
PRAYER in W.P.No.8285 of 2023 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 3rd respondent pertaining to the order in Proceedings No.T2/TNPCB/F.24093/Brick Kiln/77/CBN/Directions/2019, dated 06.12.2022 and to quash the same as arbitrary, unjust and illegal.
PRAYER in W.P.No.8290 of 2023 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 3rd respondent pertaining to the order in Proceedings No.T2/TNPCB/F.24093/Brick Kiln/182/CBN/Directions/ 2019, dated 06.12.2022 and to quash the same as arbitrary, unjust and illegal.
PRAYER in W.P.No.8293 of 2023 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 3rd respondent pertaining to the order in Proceedings No.T2/TNPCB/F.24093/Brick Kiln/12/CBN/Directions/ 2019, dated 06.12.2022 and to quash the same as arbitrary, unjust and illegal.
PRAYER in W.P.No.8295 of 2023 : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records of the 3rd respondent pertaining to the order in Proceedings No.T2/TNPCB/F.24093/Brick Kiln/46/CBN/Directions/ 2019, dated 06.12.2022 and to quash the same as arbitrary, unjust and illegal.
For Petitioner in all WPs:
Mr.Srinath Sridevan Senior Counsel assisted by Mr.S.Kamalesh Kannan For Respondents in all Wps:
Mr.P.V.Balasubramaniam Addl. Advocate General assisted by Mr.R.Veeramani Government Pleader for R1, R2 & R6 Mr.B.N.Suchindran Standing Counsel for R3 to R5
COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) Challenging the order of the third respondent dated 6.12.2022, the petitioners have filed these writ petitions under Article 226 of the Constitution of India.
2. Learned Senior Counsel for the petitioners submits that these writ petitions are left over matters from the earlier batch, which was disposed of, vide common order dated 27.04.2023 in W.P.No.34307 of 2022 and connected matters. Learned Senior Counsel submits that these writ petitions may be disposed of in the same terms.
3. Paragraph 43 of the order dated 27.04.2023 passed in W.P.No.34307 of 2022 etc. batch is extracted hereunder: "43. In fine, we hold as follows:-
(1) In terms of the delegated power under Section 5 r/w 23 of the Environment (Protection) Act, 1986, the Chairman, Tamil Nadu Pollution Control Board, is entitled to levy damages / penalty / compensation.
(2) The Chairman, Tamil Nadu Pollution Control Board, prior to fixing damages, shall strictly follow the methodology given by the Central Pollution Control Board's In-house
Committee for assessing environmental compensation and action plan in particular, as per Guidelines 1.3.2.
(3) Copy of the Report of the Committee appointed by the Chairman, TNPCB, under Guidelines 1.3.2, shall be given to each of the units.
(4) The Chairman, Tamil Nadu Pollution Control Board need not give a personal hearing, however, the Committee will hear the petitioners herein individually prior to its assessment and receive their replies.
(5) The Chairman, Tamil Nadu Pollution Control Board shall pass a reasoned order on all the matters individually referring to the report as well as the objections, if any.
(6) The period of damage shall be from the date of commencement of the operation by the individual brick kiln which can be found out from the Annual Brick Fee paid by them or from such material as the Chairman / the Committee so decides and shall conclude with the date of closure passed by the District Collector, Coimbatore, i.e., 13.06.2021.
(7) The said exercise shall be concluded within a period of six months from the date of receipt of a copy of this order. Till the completion of the assessment by the Committee, the parties shall maintain status quo."
4. Learned Additional Advocate General submits that the petitioners in these writ petitions participated in the enquiry and were heard along with the petitioners in the disposed of cases. This fact is not disputed by learned Senior Counsel for the petitioners herein. Therefore, no fresh hearing is required in these writ petitions.
5. Therefore, the order dated 27.04.2023 passed in W.P.No.34307 of 2022 etc. batch shall apply mutatis mutandis to the facts and circumstances of these writ petitions as well. These writ petitions are, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 24.06.2026 Index :
Yes/No :
Yes/No bbr
To:
1.The Principal Secretary to the Government of Tamil Nadu, Industries Department, Government Secretariat, Fort St. George, Chennai- 600 009.
2.The Secretary to the Government of Tamil Nadu, Department of Environment & Forests, Government Secretariat, Fort St. George, Chennai- 600 009.
3.The Chairperson Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai-600 032.
4.The District Environmental Engineer Tamil Nadu Pollution Control Board, Coimbatore North, No.5, Ramasamy Nagar, Kavundampalayam, Coimbatore - 641 030.
5.The Joint Chief Environmental Engineer Tamil Nadu Pollution Control Board, Coimbatore North, 4th Floor, No.34, Bharathi Park 8th Cross Street, Saibaba Colony, Coimbatore - 641 011.
6.The District Collector Coimbatore District, Coimbatore - 641 018.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.
bbr 24.06.2026