M/S. Tamilnadu Urban Habitat Development Board v. The Tamilnadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.No.7849 of 2024 1.M/s.Tamilnadu Urban Habitat Development Board/(TNUHDB) (Formerly M/s. Tamil Nadu Slum Clearance Board), Rep By Its Principal Secretary to Government/Chairman, Having Office At No.5, Kamarajar Salai, Chepauk, Chennai -5.

2. The Executive Engineer, Division I, Tamilnadu Urban Habitat Development Board, HLL Nagar, Tondiarpet, Chennai - 81.

... Petitioners Vs The Tamilnadu Pollution Control Board Rep By S.Indiragandhi, District Environmental Engineer, 77A, South Avenue Road, Ambattur Industrial Estate, Chennai-58.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,

to call for the records pertaining to C.C.No.45 of 2024 on the file of the Judicial Magistrate Court, Thiruvottiyur and quash the same. For Petitioners : M/s.G.Thilakavathi Assisted by Mr.S.Karthikeyan Standing Counsel for TNUHDB For Respondent : Mr.V.Gunasekar Standing Counsel for TNPCB

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to C.C.No.45 of 2024 on the file of the Judicial Magistrate Court, Thiruvottiyur and quash the same.

2. Heard the learned Standing counsel appearing for the petitioners and the respondent and perused the materials available on record.

3. The respondent filed a complaint as against the petitioners before the Judicial Magistrate, Thiruvottiyur and the same was taken on file in C.C.No.45 of 2024. Pending C.C, the petitioners/accused has filed

this criminal original petition to quash the same.

4. On a perusal of the complaint given by the respondent/complainant, the learned Magistrate found that there are prima facie allegations available as against the petitioners and has taken the complaint on file in C.C.No.45 of 2024. The grounds taken by the petitioners are matter for trial. Hence, this Court is not inclined to grant the relief as sought for by the petitioners in this petition.

5. In view of the same, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. However, the petitioners are at liberty to take all their defence before the trial court.

11.12.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Tamilnadu Pollution Control Board Rep By S.Indiragandhi, District Environmental Engineer, 77A, South Avenue Road, Ambattur Industrial Estate, Chennai.

2. The Executive Engineer, Division I, Tamilnadu Urban Habitat Development Board, HLL Nagar, Tondiarpet, Chennai - 81.

3. The Judicial Magistrate, Thiruvottiyur

P.VELMURUGAN, J.

mfa and Crl.M.P.No.7849 of 2024 11.12.2024