P.S.G. Spnning Mills P Ltd v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25/11/2015 C O R AM THE HONOURABLE Mr.JUSTICE T.SIVAGNANAM W.P.No.37427 of 2015 P.S.G.Spinning Mills (P) Ltd rep. By its Managing Director Mr.P.Samiappa Gounder.
...Petitioner
Vs
1. The Commissioner Kangayam Municipality Kangayam 638 701 Tirupur District.
2. Tamil Nadu Pollution Control Board rep. By its Environmental Engineer Tirupur North II Floor Kumaran Commercial Complex Kumaran Road Tirupur 641 601.
3. The District Collector Tirupur 641 604.
...Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent herein to take immediate steps to relocate the compost yard to a more suitable place outside the vicinity of kangayam town thus complying with the statutory requirements of the provisions of Municipal Sold Waste (Management and Handling) Rules, 2000.
For Petitioner :
Mr.C.R.Krishnamoorthy For Respondents :
Mr.Dig Vijay Pandian Additional Government Pleader for R.R.1 and 3.
Mr.H.Yasmeen Ali for R.2.
O R D E R
With the consent of the learned counsel appearing for the parties, this writ petition is taken up for final disposal, at the admission stage itself.
2. Heard Mr.C.R.Krishnamoorthy, learned counsel for the petitioner, Mr.Dig Vijay Pandian, learned Additional Government Pleader for the first and third respondents and Mr.H.Yasmeen Ali for the second respondent.
3. The petitioner seeks for the issuance of a writ of mandamus to relocate the compost yard to a more suitable place outside the vicinity of kangayam town thus complying with the statutory requirements of the provisions of Municipal Sold Waste (Management and Handling) Rules, 2000 (hereinafter refer to as "the Rules").
4. The petitioner's representation was considered by the Pollution Control Board, by a letter of the second respondent dated 10/7/2014, addressed to the first respondent, directed the first respondent to comply with the Standards as specified under Schedule II, III and IV of the said Rules. The District Collector has also forwarded the petitioner's representation to the Revenue Officials for appropriate action. Since there was no progress in the matter, the petitioner is before this Court.
5. In the light of the above, the first respondent is directed to consider the petitioner's representation dated 20/6/2014, after affording an opportunity of hearing to the petitioner, pass a speaking order and intimate the same to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
6. This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar
mvs.
To
1. The Commissioner Kangayam Municipality Kangayam 638 701 Tirupur District.
2. The Environmental Engineer Tamil Nadu Pollution Control Board Tirupur North II Floor Kumaran Commercial Complex Kumaran Road Tirupur 641 601.
3. The District Collector Tirupur 641 604.
1 CC to Mr.C.R.Krishnamoorthy, Advocate SR.No. 63846 1 CC to the Government Pleader, SR.No. 64233 W.P.No.37427 of 2015 VS (CO) PSI (08.12.2015)