M/S Shivam Engineering Services v. The District Environment Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and WMP.No.20024 of 2025 M/s.Shivam Engineering Services, Represented by its proprietor K.Sridhar, Office located at No.4/9, 10 & 11, Edapalayam, Redhills, Chennai-600 052.

..

Petitioner Vs.

The District Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.88A, SIPCOT Industrial Complex, Gummidipoondi-601 201.

..

Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for a issuance of a Writ of Mandamus directing the respondent to stop further proceedings based the show cause notice issued to the petitioner bearing the Proc.No. DEE/TNPCB/GMP/AEE/NA/A/2025-3 dated 20.02.2025 in accordance with law.

For Petitioner :Mr.G.Saravanan For Respondent : Mr.V.Gunasekaran Standing Counsel

ORDER

(Order of the Court was made by J.Nisha Banu J.) This Writ Petition is filed for a Mandamus directing the respondent to stop further proceedings based on the show cause notice issued to the petitioner vide Proc.No. DEE/TNPCB/GMP/AEE/NA/A/2025-3 dated 20.02.2025 in accordance with law.

2. It is the case of the petitioner that he is the absolute owner of the property in No.4/9, 10 & 11, Edapalayam, Redhills, Chennai-52 and he purchased the same by virtue of Doc.No.5036 of 2018 dated 19.06.2018. The petitioner purchased a land and started a company and doing business in the name and style of M/s.Shivam Engineering Services. According to the petitioner he has obtained all statutory licences for running the above company viz., Quality Control Certificate, Sanitary Certificate, Building Plan approval for the construction of the factory building, Electricity Service Connection, Factory Licence etc., and he has been paying all statutory dues periodically. Whileso, the respondent, namely the District Environment Engineer, Tamil Nadu Pollution Control Board has inspected the factory on 18.02.

2025 against an unknown complaint received about the operation of the Unit dated 04.02.2025 stating that the unit is causing air and noise pollution. Pursuant to the said inspection, the respondent issued a Show Cause Notice dated 20.02.

(Prevention and Control of Pollution) Act, 1981 and to show cause within 15 days as to why penalty should not be ordered. Challenging the said show cause notice dated 20.02.2025 the petitioner is before this Court.

3. The Standing Counsel appearing for the respondent submits that pending the writ petition, further proceedings / action on the show cause notice has been dropped and therefore, nothing survives for further adjudication in this writ petition.

4. Recording the above submission made by the learned Standing Counsel for the respondent, this Writ Petition shall stands closed. No costs. Consequently, connected miscellaneous petition is also closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 10-07-2025 Mrp Index:Yes/No Speaking/Non-speaking order Internet:Yes J.NISHA BANU, J.,

AND M.JOTHIRAMAN, J.

mrp To The District Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.88A, SIPCOT Industrial Complex, Gummidipoondi-601 201.

10.07.2025