Tamilnadu Pollution Control Board v. M/S. Modenik Lifestyle Private Limited, Rep By Its Chief Financial Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.16019 of 2025 in Crl.O.P.No.11679 of 2025 Tamilnadu Pollution Control Board Represented by its District Environmental Engineer, Dr.M.Senthil Kumar, Tirupur North, II Floor, Kumaran Commercial Complex, Kumaran Road, Tirupur District - 641 601.

... Petitioner Vs M/s.Modenik Lifestyle Private Limited, Represented by its Chief Financial Officer, Mr. Manish Daga, SF No.505/1 Part 3, Part 4 part, 506/1 part, 2 part, 3 part and 507/1 part, 2 part, Chengapalli Village, Uthukuli Taluk, Tirupur District ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to Recall the order dated 17.04.2025 passed in Crl.OP.No.11679 of 2025 and to Restore the petition to file and list it for fresh hearing.

For Petitioner : Mr.P.Kumaresan

Additional Advocate General assisted by Mr.V.Gunasekar Standing Counsel for TNPCB For Respondent : Mr.M.Mohamed Riyaz for Mr.D.Raghu

ORDER

This Criminal Miscellaneous Petition has been filed to recall the order dated 17.04.2025 passed in Crl.OP.No.11679 of 2025.

2. It is seen that this petition has been filed, on the ground that this Court quashed the private complaint on the strength of the notification dated 22.12.2014 and the said notification was quashed by the Hon'ble Division Bench of the High Court of Kerala at Ernakulam and subsequently, it was confirmed by the Hon'ble Supreme Court of India. In fact, another subsequent notification was also issued in the month of January, 2025 and the same was also issued for granting exemption for certain areas. However, it was also set aside by the Hon'ble Supreme Court of India.

3. This Court quashed the private complaint on the strength of

the notification dated 22.12.2014. Therefore, it cannot be recalled.

4. Accordingly, this Criminal Miscellaneous Petition is dismissed. However, the petitioner is at liberty to proceed in accordance with law, as against the unauthorized constructions if any. 22.09.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn Crl.M.P.No.16019 of 2025 in Crl.O.P.No.11679 of 2025 22.09.2025