Madras High CourtWP/14995/2026disposed of

S.Ponnusamy v. The Chairperson

2026-06-09Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN S.Ponnusamy Kattukottai(west), Maruthu Nagar, Venbavur village, Veppanthattai Taluk, Perambalur District.

Petitioner

Versus

1.The Chairperson Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032. 2.The District Collector, Collectorate, Perambalur - 621 212.

3.The District Environment Engineer (DEE) District Environment Control Board, No.175L/10, Plot No.C2 and C4, Pallivasal street, Thuraimangalam, Perambalur District - 621 220.

4.M/S.Rasi Constructions, No.155/2A/A Kattukottai, Venbavur Village, Veppanthattai Taluk, Perambalur District.

5.S.Periasamy, No.2/58, Odakkadu Pudur, Thiruchengode, Gandhi Ashram Post, Nallipalayam, Namakkal - 637 201.

Respondents

(R5 IMPLEADED VIDE ORDER DATED 28.04.2026 IN WMP.18606/2026 IN WP.14995/2026) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st to 3rd respondent to consider the petitioner's representations dated 16.03.2026 and consequently lock and seal the Hot mix plant and to stop the water and electricity supply to the hot mix plant run by the 4th respondent after conducting enquiry within the time period fixed by this Court.

For Petitioner :

Mr.Kaviyanathan for M/s.Nathan and Associates For Respondents :

Mr.V.Gunasekar, Standing Counsel, for TNPCB, for respondents 1 and 3 Mr.K.Kumaran, Government Pleader, for the second respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition, filed under Article 226 of the Constitution of India, seeks a Writ of Mandamus directing respondents 1 to 3 to consider the petitioner's representation dated 16.03.2026 and consequently, lock and seal the hot mix plant and to stop the water and electricity supply to the hot mix plant run by the fourth respondent.

2. Even as per the petitioner's own showing, the Tamil Nadu Pollution Control Board in its proceedings dated 10.03.2026, has refused permission to establish a hot mix plant by the fourth respondent. Admittedly, the fourth respondent has not commenced operation of the hot mix plant till date. The apprehension of the petitioner is misplaced. It goes without showing that the fourth respondent cannot operate hot mix plant without the approval or necessary clearance from the competent authorities.

3. In such view of the matter, no direction could be issued to lock and seal the hot mix plant at this stage. The petition stands disposed of. There will be no order as to costs. CMP No.18608 of 2026 is closed.

(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 09.06.2026 Index : Yes/No : Yes/No tar To 1.The Chairperson Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 2.The District Collector, Collectorate, Perambalur - 621 212.

3.The District Environment Engineer (DEE) District Environment Control Board, No.175L/10, Plot No.C2 and C4, Pallivasal street, Thuraimangalam, Perambalur District - 621 220.

09.06.2026