M.Asharaf Ali v. Tamil Nadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. M.Asharaf Ali S/o. Mohammed Sharif, 12 , Balaiya Avenue, Luz Church Road, Mylapore, Chennai-04.

Petitioner(s) Vs

1. Tamil Nadu Pollution Control Board Rep By Its District Environmental Engineer, Chennai South District Office, 1st Floor, No.14, 2nd Main Road, Jagannathapuram , Rajalakshmi Nagar, Velachery, Chennai -42.

2.M/s.Appaswamy Real Estates Rep By Its Authorized Representative No.3, Mangesh Street, T.Nagar, Chennai -17.

Respondent(s)

PRAYER Directing the 1st respondent to take immediate and necessary action on the complaint dated 10.02.2025 vide complaint No. 596010736 filed by the petitioner against the 2 nd Respondent and pass directing the 1st respondent to consider the complaint dated 10.02.2025 vide complaint No. 596010736 filed by the petitioner against the 2nd respondent. For Petitioner(s):

Mr.R.Advaidh Nelakanttan for M/s.Ark Law Associates For Respondent(s):

Mr. V. Gunasekar SC for TNPCB For R1, Mr.Vishnu Mohan For R2

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the 1 st respondent to take immediate and necessary action on the complaint dated 10.02.2025 vide complaint No. 596010736 filed by the petitioner against the 2 nd Respondent and to direct the 1 st respondent to consider the complaint dated 10.02.2025 vide complaint No. 596010736 filed by the petitioner against the 2 nd respondent.

2.

The petitioner is residing at No.12, Balaiya Avenue, Luz Church Road, Mylapore, Chennai-04. The petitioner lodged a complaint before the 1 st respondent stating that the 2 nd respondent is constructing a huge building nearby his house and creating huge noise pollution affecting the health and life of the petitioner. Even during the night times, the construction activities are going on and therefore, the petitioner filed a complaint. Since the 1 st respondent failed to

initiate action, the present Writ petition came to be instituted. 3.

Mr.Vishnumohan, learned counsel for the 2 nd respondent would submit that the construction activities are undertaken by the 2 nd respondent in between 8 a.m and 6 p.m everyday, and the 2 nd respondent has not violated the pollution laws.

4.

Learned counsel for the petitioner disputed the said statement by stating that they have taken measurement through apps, which would reveal that the noise pollution is running to 100 decibels over and above the permissible limit under the Noise Pollution Rules. Thus, the 1 st respondent ought to have initiated action based on the complaint.

5.

Learned Standing Counsel for the Tamil Nadu Pollution Control Board submitted a copy of the inspection report, dated 11.04.2025 and as per the report, the Noise Pollution levels are stated as follows, S.No Location Ambient Air Quality Standards in respect of Noise in Day Time Machineries in idle condition Machineries in Operational condition North side of the construction site 65 (As per land use map, the site is located in commercial use zone ) 52.8 56.1 East side of the construction site (Apartments near 61.3 69.5

S.No Location Ambient Air Quality Standards in respect of Noise in Day Time Machineries in idle condition Machineries in Operational condition the construction side) West side of the construction site 65.4 71.0 East side of the complainant house (Residential area as per the Land use map) 43.3 44.4 6.

That apart, the Tamil Nadu Pollution Control Board issued a circular Memo.TNPCB/LAW/LA-1/006655/2025, dated 15.04.2025, issuing guidelines to the authorities of Pollution Control Board to initiate strict action as per the noise pollution rules and other relevant laws. Therefore, the authorities are bound to implement orders of the Chairperson, Tamil Nadu Pollution Control Board scrupulously.

7.

In view of the fact that the petitioner is raising a serious complaint of huge noise pollution affecting the health and life, the 1 st respondent is directed to periodically conduct inspection and monitor the building construction activities and ensure that the health and life of the residents of that locality are protected and the pollution control laws are scrupulously followed. In the event of any violation, all appropriate actions ought to be initiated by following procedures as contemplated.

8.

Accordingly, the the Writ Petition stands allowed. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 30-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Tamil Nadu Pollution Control Board Rep By Its District Environmental Engineer, Chennai South District Office, 1st Floor, No.14, 2nd Main Road, Jagannathapuram , Rajalakshmi Nagar, Velachery, Chennai -42.

2.M/s.Appaswamy Real Estates Rep By Its Authorized Representative No.3, Mangesh Street, T.Nagar, Chennai -17.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 30-04-2025