Sterling Biotech Ltd.,Having v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2018
CORAM:
THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.16448 of 2018 and W.M.P.Nos.19654 to 19657 of 2018 and W.M.M.P.No.22300 of 2018 Sterling Biotech Limited, having its Manufacturing Unit rep.by its Factory Manager and authorised signatory, C.Manokaran, having its office at Sandynalla, Sholour Town, Panchayat, Ootacamund-643 237 ... Petitioner vs.
1.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai-600 032 2.The Collector, Nilgiris District, Nilgiris.
3.The Executive Engineer, TNAGEDCO, Ootacamund.
4.Sterling Biotech Thozhilalar Sangam (Regd.No.236/NCG) Rep.byg K.Murthy General Secretary ... Respondents R4 impleaded as per order dated 6.7.2018 by MMSJ & NAVJ in W.M.P.No.19975 of 2018 in W.P.No.16448 of 2018 Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to call for the records of Order dated 28 June 2018 of the First Respondent in his Proceedings No.T2/TNPCB/F-26495/NLG/W & A/2018 and quash the
same and further direct the First Respondent to consider the representations of the Petitioner dated 22.6.2018 requesting seven months time from 1.7.2018 to 31.1.2019 to complete the process of Zero Liquid Discharge which is in half way through at the Petitioner's factory.
For Petitioner : Mr.P.S.Raman,Senior Counsel for Mr.Jose and Mr.John for M/s.Kind & Partridge For Respondents : Mr.S.N.Parthasarathy,Govt.Advocate for R2, Mr.S.Rita Chandrasekaran for R1 Mr.S.K.Rameshwar for R3 Mr.D.Ponventhan for M/s.S.Arunachalam Association for impleaded Respondent
ORDER
(Order of the Court was made by M.VENUGOPAL,J.) It is brought to the notice of this Court that the Hon'ble National Green Tribunal, Principal Bench, New Delhi, as per Office Order in Ref.No.NGT(PB)/DR/2018-19/68/570, dated 24.7.2018, had observed the following:- "As the applicants/ld.Counsels who wishes that his case to be taken up through Video Conferencing at NGT, Principal Bench, New Delhi, with the concerned Zonal Benches, shall submit an application before the Registrar of concerned Zonal Benches and accordingly the matter shall be listed as per the above Scheduled specified for the respective zone. Further, the applicant has to submit the document through E-filing/scanned copy through CD ROM/Pen Drive to the concerned Zonal Bench prior to the decision for taking the matter and inclusion in the cause list and to be uploaded in the website accordingly for information of the concerned.
For the matters pending before the NGT at Zonal Benches the ld.Counsels/applicant in Person are required submit the scanned copy of the application/documents and pleadings through E-mail and specify so that the matter shall be taken up through Video Conferencing as per schedule above. The Competent Authority also may decide to take up any matter for Video
Conferencing.
This issues with the approval of Competent Authority."
2.In view the aforesaid Office Order of the Hon'ble National Green Tribunal, Principal Bench, New Delhi, the Office of the Registry of this Court is directed to return the present Writ Petition and Writ Miscellaneous Petitions along with the Typed Set of Papers, to the Petitioner, for presenting the same before the National Green Tribunal, South Zone, Chennai, within two days from today, and to take further course of action, as he deems fit and proper.
Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar msk To 1.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai-600 032 2.The Collector, Nilgiris District, Nilgiris.
3.The Executive Engineer, TNAGEDCO, Ootacamund.
4.The Sub Assistant Registrar Writ Section, High Court, Madras.
5.The Sub Assistant Registrar, Writ (A.E.) Section, High Court, Madras.
6.The Section Officer, ER Section, High Court, Madras.
+1cc to M/s.King and Partridge, Advocate SR.No.51479 W.P.No.16448 of 2018 SR(CO) GN(30/07/2018)