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Madras High CourtWP/16188/2023dismissed

M/S.Jain Housing And Construction Ltd, v. The Honourable National Green Tribunal

2023-09-05Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mr.V.LAKSHMINARAYANAN M/s. Jain Housing & Construction Ltd.

(presently M/s Jain Housing) rep. by its Autorised Signatory Thiru.Sachin Mehta No.99/98 Habibullah Road, T.Nagar, Chennai - 600 017 ..Petitioner Vs

1. The Hon'ble National Green Tribunal, Southern Zone, rep. by its Registrar, Kalas Mahal, Kamarajar Salai, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.

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

3. District Environmental Engineer, Tamil Nadu Pollution Control board, 1/4

Maraimalai Nagar, Chengalpattu District - 603 209.

4. Arjunan Muthukrishnan S/o Late Shri R.Arjunan Resident at Flat No.TE/12, Jains Pebble Brook, Shakti Gardens Cross Street No.1, Okkiampettai, Thiraipakkam, Chennai - 600 097.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the 1st respondent Hon'ble National Green Tribunal (SZ) in Appeal Nos.17 and 18 of 2022 culminating in the impugned judgment dated 27.04.2023 made in Appeal Nos.17 & 18 of 2022 and quash the same.

For Petitioner : Mr.Srinath Sridevan, Senior Counsel for Mr.Kamalesh Kannan For Respondents : R1-No appearance Mr.R.Gokulakrishnan, Addl.Govt Pleader for Mrs.Shanmugavallisekar Standing Counsel for R2 & R3 Mr.Arjunan Muthukrishnan Party-in-person(R4) 2/4

O R D E R

(The order of the Court was made by V.LAKSHMINARAYANAN,J) Leaving the petitioner with liberty to move the Hon'ble Supreme Court by way of Appeal under Section 22 of the National Green Tribunal Act, this Writ Petition is dismissed. The period in which the writ petition was prosecuted may be excluded for the purpose of filing the appeal. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B.,J.) (V.L.N,J.) 05.09.2023 Index:Yes/No Speaking/Non-speaking order vsi To

1. The National Green Tribunal, Southern Zone, rep. by its Registrar, Kalas Mahal, Kamarajar Salai, PWD Estate, Chepauk, Triplicane, Chennai - 600 005.

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

3. District Environmental Engineer, Tamil Nadu Pollution Control board, Maraimalai Nagar, Chengalpattu District - 603 209. 3/4

J.NISHA BANU,J.

and V.LAKSHMINARAYANAN,J.

vsi W.P.No.16188 of 2023 05.09.2023 4/4