S.Elred Kumar v. Tamil Nadu Pollution Control

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.07.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE M.NIRMAL KUMAR W.P.No.16087 of 2018 and W.M.P.No.19112 of 2018 S.Elred Kumar .. Petitioner Vs.

1. Tamilnadu Pollution Control Board, rep. By its Member Secretary, No.76, Annasalai, Guindy, Industrial Estate, Guindy,Chennai - 600 032

2. The District Environmental Engineer, Tamilnadu Pollution Control Board, Maraimalai Adigalar Street, Maraimalai Nagar, Kancheepuram District, Pin - 603 209

3. Thiru. I.Moses, Proprietor, M/s I Moses Hot Mix Plant, Arungal - Nallampakkam Joint Road, Chinna Arungal Village, Chengalpattu Taluk, Kancheepuram District

4. A.S.Rajasekar, Proprietor, M/s ASR Hot Mix Plant, Arungal-Nallapakkam Joint Road, Chinna Arungal Village, Chengalpattu Taluk, Kancheepuram District - 600 048 ..Respondents Prayer: Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus to direct the Respondents 1 and 2 to take immediate action against running of the Hot mix Plants in S.F.No.225/1 in Arungal Village, Chengalpattu Taluk, Kancheepuram District by the 3rd and 4th

Respondents without obtaining the consent orders from Tamilnadu Pollution Control Board and close the Hot Mix Plants within the time frame fixed by this Court.

For Petitioner : Mr.V.Sanjeevi For Respondents : Ms.Rita Chandrasekar for R1 and R2

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] It is represented by the Learned Standing Counsel on behalf of the Respondent Nos.1 and 2 that the Units of M/s. I Moses Hot Mix Plant, Arunkal-Nallampakkam Joint Road, Chinna Arunkal Village, Chengalpattu Taluk and M/s. ASR Hot Mix Plant, ArunkalNallampakkam Joint Road, Chinna Arunkal Village, Chengalpattu Taluk, Kancheepuram District [Respondent Nos.3 and 4] were directed to be closed and the Process Machineries and D.G.Set of the Units were also directed to be sealed, as per Proceeding Nos.TS1/TNPCB/LAW/LAI/017460/MMN/A-2/2018 TS1/TNPCB/LAW / LAI/017460/MMN/A-1/2018 respectively dated 20.07.2018 of the Tamil Nadu Pollution Control Board / 1st Respondent. Also that, an order for disconnection of power supply was issued by the Chairman of the Tamil Nadu Pollution Control Board, Chennai / 1st Respondent. These facts are not disputed on the side of the Petitioner.

2. Since the Respondents 3 and 4 / Plants / Units were ordered to be closed and the Process Machineries and D.G. Set of Unit Machineries were ordered to be sealed by the aforesaid proceedings of the 1st Respondent / Tamil Nadu Pollution Control Board, Chennai dated 20.07.2018, this Court closes the present Writ Petition, as nothing survives for further adjudication. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ssd To

1. Tamilnadu Pollution Control Board, rep. By its Member Secretary, No.76, Annasalai, Guindy, Industrial Estate, Guindy,Chennai - 600 032

2. The District Environmental Engineer, Tamilnadu Pollution Control Board, Maraimalai Adigalar Street, Maraimalai Nagar, Kancheepuram District, Pin - 603 209 +1cc to Mr.Rita Chandrasekar, Advocate, S.R.No.49493 W.P.No.16087 of 2018 and W.M.P.No.19112 of 2018 NRI(CO) GSP(07/08/2018)