R.Kadhirvel v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE M.M. SUNDRESH Writ Petition No. 20488 of 2012 R. Kadhirvel .. Petitioner vs.

1. Government of Tamil Nadu rep. by the Principal Secretary to Government Ministry of Environment and Forests Fort St. George, Chennai 600 009.

2. The Tamil Nadu Pollution Control Board rep. by its Chairman No.76, Mount Road, Guindy Chennai 600 032.

3. Dyers Association of Tirupur rep. by its President Mr.S.Nagaraj No.7, Pethichettypuram, 2nd Street Rayapuram, Tirupur-641601.

4. Tirupur Bleachers Association rep. by its President Mr.S.Chinnasamy No.5, Binny Compound 3rd Street Kumaran Road, Tirupur 641601.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 1 and 2 to consider the petitioner's representation dated 26.06.2012 and pass orders thereon and consequently directing them to sanction and pay him a compensation of Rs.17,59,487/- towards the agricultural productivity loss in his lands and a further sum of Rs. 16,00,000/- towards the loss of ecology/environment, totaling a sum of Rs.33,59,487/- with interest at the rate of 12% p.a. within a stipulated time to be fixed by this Honourable Court and get it reimbursed from respondents 3 and 4.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr. D. Raghu For Respondents : Mr. M.K. Subramanian Spl. Govt. Pleader for R1 Mrs. Rita Chandrasekaran Standing Counsel for R2 Mr. K. Raja for R3 Mr. L. Chandrakumar for R4

O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner seeks compensation towards the loss of agricultural productivity as also for the loss of ecology/environment on account of the discharge of polluted trade effluents from the dyeing and bleaching units in and around Tirupur from the year 1992 onwards.

2. Learned counsel for the second respondent states that the petitioner has approached this Court directly after two decades seeking compensation without even approaching the Loss of Ecology Authority for any claim. In view of that, there can be no question of grant of any relief in this petition. If, however, the petitioner is entitled to any amount as per law, it is open for the petitioner to approach the authority in accordance with law.

3. The writ petition accordingly stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ATR Copies to;

1. The Principal Secretary to Government Government of Tamil Nadu Ministry of Environment and Forests Fort St. George, Chennai 600 009.

2. The Chairman Tamil Nadu Pollution Control Board No.76, Mount Road, Guindy Chennai 600 032.

+ 1 cc to M/s. Rita Chandrasekaran, Advocate SR.15359 W.P. No. 20488 of 2012 ALA(CO) EU 01.04.2015 https://hcservices.ecourts.gov.in/hcservices/