G.Kumaresan v. The Union Territory Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.27635 of 2011 G.Kumaresan .. Petitioner -vs1.The Union Territory of Puducherry, Rep. by its Chief Secretary, Puducherry.
2.The Director, Pondicherry Pollution Control Board, Puducherry.
3.The Director, Centre for Pollution Control and Energy Technology, Pondicherry University, Kalapet, Puducherry.
4.The Government of Puducherry, Dept. Of Science, Technology & Environment, 3rd Floor, Housing Board Complex, Anna Nagar, Puducherry.
rep. by its Member Secretary.
5.Secretary to Government, Union Territory of Puducherry Dept. Of Agriculture, Puducherry.
6.Director, Food, Drugs Administration, Puducherry.
7.Puducherry Coastal Zone Management Authority, Puducherry.
8.The District Collector, Puducherry.
9.M/s.Chemfab Alkalis Limited, Rep. by its Chairman, Gananda Place, Kalapet, Puducherry.
10.M/s.Shasun Chemicals & Drugs Ltd., Rep. by its Chairman.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 8 to take necessary steps to close down the 2 units, M/s.Chemfab Alkalis Ltd and M/s.Shasun Chemicals and Drugs Ltd., 9th and 10th respondents, for their violation of Pollution Acts.
For Petitioner : M/s.S.Hemalatha For Respondents : M/s.N.Mala AGP (P), for RR1 to 8 : Mr.D.Ravichander for R-9 : No appearance for R-10
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks a direction against respondents 1 to 8 to take necessary steps to close down the 9th and 10th respondent units for alleged violation of various acts dealing with the pollution control norms.
2.Learned counsel for respondent no.9 as well as learned Additional Government Pleader (Puducherry) for respondents 1 to 8, on the other hand, point out that post inspection, clearances have already been issued to respondents 9 and 10. A recent development in 2014 is stated to be the filing of certain applications before the Bench of the National Green Tribunal, where also inspection has been carried out.
3.We are, thus, of the view that if the concerned authorities have issued the requisite permissions, there cannot be any impediment created in the working of the 9th and 10th respondent units, under the guise of the Public Interest Litigation.
4.Writ petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra
To 1.The Chief Secretary, Union Territory of Puducherry, Puducherry.
2.The Director, Pondicherry Pollution Control Board, Puducherry.
3.The Director, Centre for Pollution Control and Energy Technology, Pondicherry University, Kalapet, Puducherry.
4.The Member Secretary, Government of Puducherry, Dept. Of Science, Technology & Environment, 3rd Floor, Housing Board Complex, Anna Nagar, Puducherry.
5.Secretary to Government, Union Territory of Puducherry Dept. Of Agriculture, Puducherry.
6.Director, Food, Drugs Administration, Puducherry. 7.Puducherry Coastal Zone Management Authority, Puducherry.
8.The District Collector, Puducherry.
1 cc to Government Pleader Sr.17566 W.P.No.27635 of 2011 KK(CO) Eu 11.04.15