G.Raman v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.7970 of 2022 G.Raman .. Petitioner Vs 1.State of Tamil Nadu, rep. by its Secretary, Environment, Climate Change & Forests Department, Fort St. George, Chennai - 600 009.
2.The Director, Department of Environment, Ground Floor, Panagal Maaligai, Saidapet, Chennai - 600 015.
3.The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
4.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
5.The District Collector, 6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Villupuram Ditrict, No.4/308, Ellis Chathiram Road, Villupuram - 605 602.
7.The Tahsildar,
8.The Commissioner, Thiyagadurgam Panchayat Union, 9.The President, Peelamedu Village Panchayat, 10.Dharani Sugars & Chemicals Ltd., rep. by its Manager, Kalaiyanallur Village, Kallakurichi District - 606 206.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd to 7th respondents to conduct field inspection and close the 10th respondent's Sugar Mill situated at Kalaiyanallur Village, Sankarapuram Taluk, Kallakurichi District for protecting waterbodies in Survey Nos.20/3, 21/1. 24/1. 27/2 and 40/3 situated at Kalaiyanallr Village Sankarapuram Taluk, Kallakurichi District by considering the petitioner's representation dated 04.10.2021 preferred before the 2nd to 7th respondents in accordance with law within the time stipulated by this Court. For the Petitioner :
Mr.S.Mohamed Ansar For the Respondents :
Mr.P.Muthukumar State Government Pleader for respondent Nos.1, 5, 7 & 8 :
Mrs.Shanmugavalli Sekar Standing Counsel for respondent Nos.3, 4 & 6
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on the respondents 2 to 7 to close the tenth respondent's sugar mill situated at Kalaiyanallur Village, Sankarapuram Taluk,
Kallakurichi District for protecting waterbodies in different survey numbers.
2. Learned counsel for the petitioner submitted the tenth respondent is running the sugar mill in violation of the Government Order dated 8.5.1998, thus, should be closed to protect the environment.
3. Though learned counsel for the petitioner has drawn our attention to the Government Order dated 8.5.1998, but has failed to refer the relevant para which is offended by the tenth respondent. It is not the allegation of the petitioner that the tenth respondent is discharging polluted water in the waterbodies. It is also the fact that the tenth respondent has established the industry in the year 2007 and at that time the petitioner did not raise any objection. How the petitioner is raising objection now after the delay of more than 15 years remained unexplained.
4. The public interest litigation, at times, is filed for different purpose than the purpose which is meant and especially when it is taken up against the industry, even issuance of notice may have repercussion. The petitioner has not disclosed even otherwise source of his income, but has shown to be a social activist only.
5. Taking the overall facts into consideration and finding no merit in the writ petition, the same is dismissed. There will be no order as to costs.
Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar bbr To:
1.The Secretary, State of Tamil Nadu, Environment, Climate Change & Forests Department, Fort St. George, Chennai - 600 009.
2.The Director, Department of Environment, Ground Floor, Panagal Maaligai, Saidapet, Chennai - 600 015.
3.The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
4.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
5.The District Collector, 6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Villupuram Ditrict, No.4/308, Ellis Chathiram Road, Villupuram - 605 602.
7.The Tahsildar, 8.The Commissioner, Thiyagadurgam Panchayat Union, 9.The President, Peelamedu Village Panchayat, +1cc to Mr.S.Mohamed Ansar, Advocate SR.No.22945 +1cc to the Government Pleader, SR.No.22817 W.P.No.7970 of 2022 KV(CO) CB(08/04/2022)