M/S. Mm Sand v. The Tamil Nadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.Nos.13279, 13281, 13282, 13283, 13286, 13287, 13285 & 13288 of 2022 M/s.MM Sand Rep by its Proprietor M.Murugesan Having its registered office at 662, Vevayalpatti, Thirumalaipuram, Kulathur Taluk, Puddukottai - 622 504. TN.

...Petitioner in WP.14034 & 14041/22

M/s.MM Blue Metals Rep by its Proprietor Anitadevayane Having its registered office at 661, Vanthanakurichi, Puddukottai - 622 504. TN.

...Petitioner in WP.14038 & 14043/22

Vs.

1.The Tamil Nadu Pollution Control Board, Rep by its Chairman, No.76, Anna Salai, Guindy, Chennai - 600 032.

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2.The Superintending Engineer (O&M) Pudukottai Electricity Distribution Circle, TANGEDCO, PB No.30, Near Old Bus Stand, Pudukkottai - 622 001.

3.The Assistant Engineer (O&M), TANGEDCO, RM Kalyana Mandapam, Keeranur, Pudukottai - 622 502.

...Respondents in all WPs

Prayer in W.P.No.14034 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 18.05.2022 in Proceeding No.TNPCB/T2/F.9563-2/Closure/Water/2022 passed by the 1st respondent and to quash the same as illegal, arbitrary and unreasonable being contrary to the principles of natural justice, and consequently direct the 1st respondent to grant the renewal consent to operate the petitioner's business.

Prayer in W.P.No.14038 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 18.05.2022 in Proceeding No.TNPCB/T2/F.9563-1/Closure/Air/2022 passed by the 1st respondent and to quash the same as illegal, arbitrary and unreasonable being contrary to the principles of natural justice, and consequently direct the 1st respondent to grant the renewal consent to operate the petitioner's business.

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Prayer in W.P.No.14041 of 2022: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 18.05.2022 in Proceeding No.TNPCB/T2/F.9563-2/Closure/Air/2022 passed by the 1st respondent and to quash the same as illegal, arbitrary and unreasonable being contrary to the principles of natural justice, and consequently direct the 1st respondent to grant the renewal consent to operate the petitioner's business.

Prayer in W.P.No.14043 of 2022 : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 18.05.2022 in Proceeding No.TNPCB/T2/F.9563-1/Closure/Water/2022 passed by the 1st respondent and to quash the same as illegal, arbitrary and unreasonable being contrary to the principles of natural justice, and consequently direct the 1st respondent to grant the renewal consent to operate the petitioner's business.

For Petitioner : Mr.Anirudh A Sriram for Mr.Nithyaesh and Vaibhav in all WPs For Respondents : Mr.M.Abul Kalam Standing Counsel for R2 and R3 in all WPs Mrs.Shanmugavalli Sekar for R1 in all WPs 3/6

C O M M O N O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) Challenge in the writ petition is to the show cause notice issued by the Tamil Nadu Pollution Control Board.

2. The learned counsel appearing for the petitioners would submit that subsequently based on the orders of the Madurai Bench of this Court in WP(Md).No.16567 of 2022 dated 10.08.2022, the Tamil Nadu Pollution Control Board has granted consent for operation. In view of the same, these writ petitions have become infructuous.

3. Recording the said submission of the learned counsel for the petitioner, these writ petitions are closed. No costs. Consequently, the connected writ miscellaneous petitions are closed. (R.S.M.,J.) (K.B.,J.) 20.10.2022 dsa Index :Yes/No Internet :Yes/No Speaking order/Non-Speaking order 4/6

To:- 1.The Chairman Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.

2.The Superintending Engineer (O&M) Pudukottai Electricity Distribution Circle, TANGEDCO, PB No.30, Near Old Bus Stand, Pudukkottai - 622 001.

3.The Assistant Engineer (O&M), TANGEDCO, RM Kalyana Mandapam, Keeranur, Pudukottai - 622 502.

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R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

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