B.Sekar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and W.M.P.No. 22906 of 2024 1.B.Sekar 2.G.Poovarasan 3.P.Elavarasan 4.M.Elayaraja ... Petitioners Vs.
1.
The District Collector, Thirupathur District, Thirupathur.
The District Revenue Officer, Office of the District Collector, Thirupathur.
Assistant Director of Geology and Mining, Office of the District Collector, Thirupathur.
4.
The Tahsildar, Natrampalli Taluk, Thirupathur District.
5.
The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
6.
Sampath ... Respondents Prayer: Writ Petitions filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, directing the official respondents herein to forthwith take appropriate action against the 6th respondent herein and remove the stone crushing unit that is being set up by the 6th respondent in Agraharam Hill area of Sunnambukuttai Village, Mallapalli Post, Natrampalli Taluk, Thirupathur District. For Petitioners : Ms.Priyadarshini for Mr.L.Palannimuthu For Respondents : Mrs.E.Ranganayaki Additional Government Pleader for R1 to R4 : Mr.V.Gunasekar Standing Counsel for TNPCB for R5 : Mrs.Kanimozhimathi for R6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus has been instituted to direct the official respondents herein to forthwith take appropriate action against the 6th respondent herein and remove the stone crushing unit that is being set up by the 6th respondent in Agraharam Hill area of Sunnambukuttai Village,
Mallapalli Post, Natrampalli Taluk, Thirupathur District. With reference to the complaint made by the petitioner stating that the 6th respondent is running stone crushing unit in violation of the Pollution Control Norms, the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board conducted an inspection and filed a counter affidavit. As per the counter affidavit, inspection was conducted and the Authorities found that the pollution laws are not violated. Paragraph Nos.8 and 9 of the counter affidavit reads as under: "8. on receipt of the said complaints, the site was inspected by the official of the O/o. the DEE, TNPCB, Vaniyambadi on 04.07.2024 and it was observed that the new management M/s.C.K.S.Construction & Blue Metals has started civil activities at the site.
In this regard, it is submitted that earlier CTE was issued to the unit M/s.Sri Venkateswara Blue Metal & Co by the TNPCB vide proceeding dated 18.06.2012 following all the norms including siting criteria and subsequently CTO was also issued to the unit vide proceeding dated 22.07.2017 and the unit has operated for some period. As the crusher M/s.Sri Venkateshwara Blue Metal and Co. has already been under operation in the same survey number, this proposed crusher cannot be considered as a new crusher with respect to the siting criteria.
9. ... CTO will be considered to the proposed unit M/s.C.K.S.Construction & Blue Metals only after ensuring that the unit has complied all the conditions stipulated in the CTE order
issued to it."
In view of the fact that the competent Authorities conducted inspection and found that there is no violation of pollution norms, no further consideration is required. It is made clear that in the event of any violation of pollution laws are identified, all appropriate actions are to be initiated against the 6th respondent.
With the above observation, the Writ Petition stands disposed of. No costs. Connected MP is closed.
[S.M.S,J.] [K.R.S,J.] 17.04.2025 (2/2) veda Index:Yes/No Speaking order/Non-speaking order
To 1.
The District Collector, Thirupathur District, Thirupathur.
The District Revenue Officer, Office of the District Collector, Thirupathur.
Assistant Director of Geology and Mining, Office of the District Collector, Thirupathur.
4.
The Tahsildar, Natrampalli Taluk, Thirupathur District.
5.
The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai - 600 032.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda 17.04.2025 (2/2)