G.Vinod, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.22169 of 2009 and M.P.No.1 of 2009 G.Vinod

...Petitioner

-vs1. Union of India, rep. by its Principal Secretary, Ministry of Environment and Forests, Paryavaran Bhavan, New Delhi.

2. The Central Pollution Control Board, rep. by its Chairperson, "Parivesh Bhavan" East Arjun Nagar, Delhi-110 032.

3. Tamilnadu Government, rep. by its Chief Secretary, Secretariat, Chennai-600 009.

4. Tamilnadu State Pollution Control Board, rep. by its Secretary, Kapilan Towers, Mettupalayam Road,

5. The District Collector, Office of the District Collector,

6. Health and Family Welfare Department, rep. by its Secretary, Secretariat, Chennai-600 009.

7. The Commissioner, Coimbatore Municipal Corporation, Office of the Corporation,

8. Indian Medical Association, rep. by its Secretary, No.92, Syrian Church Road,

9. Coimbatore Medical College Hospital, rep. by its Dean, Trichy Road, Coimbatore-18.

10.The Regional Transport Officer, Coimbatore - Central, Dr.Balasundaram Road, 11.The City Police Commissioner, Office of the Police Commissioner, 12.M/s.Techno Therm Industries, rep. by its Partner Sudhakar, No.6/7, 2nd Floor, Ananda Buildings, Gopalapuram, 13.R.Seethapathy 14.S.Murali Dharan, M.D.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 11 to issue appropriate orders for the removal of the 12th respondent Industry's Godown from the premises of No.1693, Trichy Road, Ramanathapuram, Coimbatore and consequently, direct the respondents 1 to 11 to cancel the license issued to the 12th respondent, as they have not followed and violated the Bio-Medical Waste Rules and thereby caused endanger to lives of people of that area.

For Petitioner : Mr.K.Senthil Kumar For Respondents : Mr.B.Rabumanohar for R1 and R2 Mr.STS.Moorthy Government Pleader assisted by Mr.V.R.Kamalanathan Addl. G.P. and Mr.V.Shanmuga Sundar Govt. Advocate for RR3,5,6,10,11 Ms.Rita Chandrasekaran for R4 Mr.K.Shanmugam for R8 Mr.R.Sivakumar for R7 Mr.T.R.Rajaraman for R13 & R14 No Appearance for R9

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The allegation is that respondent No.12/private party is carrying on business and is having godown in the premises of Door No.1693, Trichy Road, Ramanathapuram, Coimbatore where the medical wastages have been stored and since the said storage is not as per the rules, it causes hazard to the life.

2. No counter-affidavit has been filed by respondent No.8/Indian Medical Association.

3. The learned counsel for respondent No.4/Tamil Nadu Pollution Control Board states that they will carry out the inspection of the premises and find out whether there are any infirmities as on date and if found, they will take action in accordance with law.

4. In view of the aforesaid request, let an inspection be carried out by respondent No.4 within a week of the receipt of the order and thereafter, if there are any violations of any provisions of the Act or Rules, appropriate action be taken within a maximum period of fifteen days of such an inspection.

5. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2009 is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar bbr To

1. The Principal Secretary, Ministry of Environment and Forests, Paryavaran Bhavan, New Delhi.

2. The Chairperson, Central Pollution Control Board, "Parivesh Bhavan" East Arjun Nagar, Delhi-110 032.

3. The Chief Secretary, Tamilnadu Government, Secretariat, Chennai-600 009.

4. The Secretary, Tamilnadu State Pollution Control Board, Kapilan Towers, Mettupalayam Road,

5. The District Collector, Coimbatore-8.

6. The Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.

7. The Commissioner, Coimbatore Municipal Corporation, Office of the Corporation,

8. The Secretary, Indian Medical Association, No.92, Syrian Church Road,

9. The Dean, Coimbatore Medical College Hospital, Trichy Road, Coimbatore-18.

10.The Regional Transport Officer, Coimbatore - Central, Dr.Balasundaram Road, 11.The City Police Commissioner, Office of the Police Commissioner, 1 CC to the Government Pleader, SR.No. 47344 1 CC to Ms.Rita Chandrasekaran, Advocate SR.No. 47486 1 CC to Mr.R.Sivakumar, Advocate SR.No. 47346 1 CC to Mr.B.Rabumanohar, Advocate SR.No. 47182 W.P.No.22169 of 2009 KU (CO) PSI (18.09.2015)