M/S.T.Sundaravelu Mudaliar And Sons v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
1. M/s.T.Sundaravelu Mudaliar & Sons Rep by its Proprietor Mr. P. Mohan Kumar Situated at No.14/35, Madhanampalayam Street Pillaiyarpalayam, Kancheepuram 631 501
2. M/s.Amaravathi Dyeing Factory Rep by its Proprietor Mr. P.Thanigaiyarasu Situated at No.32-3B,C Chairman Swaminatha Mudaliar Street Pillaiyarpalayam, Kancheepuram 631 501
3. M/s.R.Kanniyappan & Sons Rep by its Proprietor Mr.K.Bala Murugan Situated at No.13, Veerama Kaliamman Kovil Street, Pillaiyarpalayam Kancheepuram Taluk, Kancheepuram District
4. M/s.Kumaran Dyeing Factory rep by its Authorised SignatoryMr.P.S.Gopala Krishnan Situated at No.22 and 25, Ennaikara Street Kancheepuram Town, Kancheepuram Taluk Kancheepuram District
5. M/s.Sri Murugan Dyeing Factory Rep by its Partner Mr.V.Sundaravel Situated at No. 28-A, Madhanampalayam Street Pillaiyarpalayam, Kancheepuram Taluk Kancheepuram District
6. M/s.Sri Ramakrishna Dyeing Factory Rep by its Proprietor M.R.Shanmugam situated at No.8, Thirumala Raja Street Pillaiyarpalayam, Kancheepuram Taluk Kancheepuram District
7. M/s.Velayutham Dyeing Works Rep by its Proprietor Mr.S.Velayutham Situated at No.7A, Madhanampalayam Street Pillaiyarpalayam, Kancheepuram Taluk Kancheepuram District ..
Petitioners -vs1. The Principal Secretary Handlooms, Handicrafts, Textiles and Khadi Department Fort St. George, Chennai 600 009
2. The Director of Handlooms & Textiles Commissionerate of Handlooms and Textiles Kuralagam, II Floor Chennai 600 108
3. The Deputy Director of Handlooms and Textiles Kamakshi Amman Colony Kancheepuram
4. The Tamil Nadu Pollution Control Board Rep by its Chairman No.76, Anna Salai, Guindy Chennai 600 032
5. The District Environmental Engineer Tamil Nadu Pollution Control Board Sriperumbudur ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 16.04.2021 made by the petitioners and pass appropriate orders thereon and not to harass the units and cause disruption in the functioning of the tiny units which is the only source of their livelihood.
For Petitioners ::
Ms.T.Hemalatha For Respondents ::
Mr.P.Kumaresan Additional Advocate General assisted by Mrs.V.Yamuna Devi Special Government Pleader for R1 to R3 Mrs.Shanmugavalli Sekar for R4 & R5
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a mandamus directing the respondents to consider the representation of the petitioners dated
16.04.2021 and to pass appropriate orders.
2. In the representation, the petitioners have requested the Government and higher officials to issue suitable directions to the Tamil Nadu Pollution Control Board not to harass the dyeing units of the petitioners or to cause disruption in the functioning of the tiny dyeing units, which is the only source of livelihood of the petitioners.
3. Though the petitioners state that they are running the small dyeing units in Kancheepuram, which is a very popular and reputed place for silk sarees and silk materials, the petitioners cannot be allowed to cause pollution, as the petitioners are running dyeing units which are in the nature of polluting the atmosphere.
4. Both the learned counsel appearing for the petitioners and the learned counsel appearing for the Pollution Control Board state that the units of the petitioners are not functioning pursuant to the orders issued by the Pollution Control Board.
5. The learned counsel appearing for the petitioners, however, states that a statutory appeal has been filed by the petitioners.
6. In such circumstances, this Court finds that no direction as sought for by the petitioners is required to be issued in this writ petition, as the petitioners may seek appropriate remedy in terms of the order that may be passed in the appeal, wherein the petitioners have challenged the orders of closure. Therefore, the writ petition stands closed. Consequently, W.M.P.Nos.18221, 18223 of 2021, 23169, 24413 of 2022 & 1560 of 2023 are also closed. No order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 08.02.2024 ss To
1. The Principal Secretary Handlooms, Handicrafts, Textiles and Khadi Department Fort St. George Chennai 600 009
2. The Director of Handlooms & Textiles Commissionerate of Handlooms and Textiles Kuralagam, II Floor Chennai 600 108
3. The Deputy Director of Handlooms and Textiles Kamakshi Amman Colony Kancheepuram
4. The Chairman Tamil Nadu Pollution Control Board No.76, Anna Salai, Guindy Chennai 600 032
5. The District Environmental Engineer Tamil Nadu Pollution Control Board Sriperumbudur
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 08.02.2024