N.Muthusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2018
CORAM:
THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.18913 of 2018 and W.M.P.No.22301 of 2018 N.Muthusamy ... Petitioner vs.
1.The District Collector, Namakkal District, Namakkal.
2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, District Collector's Office, Master Plan Complex, Nallipalayam Post, Namakkal District -637 003 3.Mr.Palaniyandi
...Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to direct the Respondents 1 and 2 to take immediate and appropriate action against the 3rd respondent for causing pollution of water in the open wells belonging to the petitioner situate in S.No.389/2B and in S.No.389/4C in Neikaaranpatti, Aariyur Village, Namakkal Taluk & District, by running and Cheese Cake production Unit in S.No.391/5A adjoining the petitioner's lands without obtaining licence from the concerned authorities and restrain the 3rd respondent from letting out untreated waste water with chemical ingredients which contaminates the petitioner's open wells, based on the petitioner's representation dated 27.4.2018 within a time frame fixed by this Court.
For Petitioner : Mr.S.Sathia Chandran For Respondents : Mr.S.N.Parthasarathy,G.A.for R1 Ms.Rita Chandrasekar, for R2
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."
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 Petition along with the Typed Set of Papers, to the Petitioner, for presenting the same before the Hon'ble National Green Tribunal, Zonal Bench, within two days from today, and to take further course of action, as he deems fit and proper.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
msk To
1. The District Collector, Namakkal District, Namakkal.
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, District Collector's Office, Master Plan Complex, Nallipalayam Post, Namakkal District -637 003 Copy To 1.The Section officer, E.R.Section, High Court, Madras.
2.The Section officer, Courrent Section, Madras.
W.P.No.18913 of 2018 CA(CO) BM 26/07/2018