Mahindra Lifespace Developers Limited v. Tamil Nadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.22571 of 2025 and W.M.P.No.25399 of 2025 Mahindra Lifespace Developers Limited represented by tis Authorised Signatory Having registered office at 5th Floor, Mahindra Towers, RD No.13, Worli, Mumbai, Maharashtra, India - 400 018.

Also having office t:

The Canopy, Block A, 1st Floor, unit-II, 2nd mAvenue, Mahindra World City, Natham Sub (P.O.) Chengalpet - 603 002.

...Petitioner

Vs.

Tamil Nadu Pollution Control Board, Through The District Environmental Engineer Master Plan Complex, S.F.No.1/6D & 1/5B, Perumbakkam village, Tiruvallur - 602 001 ... Respondent Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the respondent to mutate the name of the operator of the STP, which is subject of CTO No.2405159752457 issued through Proceedings No.F.0358TLR/RD/

DEE/TNPCB/TLR/W/2024 dated 30 August 2024, from "Mahindra Lifespaces Developers Limited" to "Happinest Avadi Home Owners Association".

For Petitioner : Mr.Srinath Sridevan,Senior Counsel for Mr.Aditya Mukerjee For Respondent : Mr.V.Gunasekar, Standing Counsel

ORDER

(The order of the Court was made by J.Nisha Banu,J.) Mr.V.Gunasekar, learned Standing Counsel takes notice for the respondent. by consent of both sides, the main writ petition is taken up for final disposal.

2. This Writ Petition has been filed to direct the respondent to mutate the name of the operator of the Sewage Treatment Plant (hereinafter referred to as STP), which is subject of CTO No.2405159752457 issued through Proceedings No.F.0358TLR/RD/DEE/ TNPCB/TLR/W/2024 dated 30 August 2024, from "Mahindra Lifespaces Developers Limited" to "Happinest Avadi Home Owners Association".

3. Heard the learned counsel for the petitioner and perused the materials available on record.

4. Learned counsel for the petitioner would state that the petitioner had handed over the full project to the Homeowners' Association but the respondent issued CTO (Consent to Operate) for the STP (Sewage

Treatment Plant) in the name of the petitioner instead of the name of Homeowners Association. The STP is neither being operated nor maintained by the petitioner. The petitioner is not having any nexus with the discharge from the said STP. There is no liability placed on the petitioner with respect to the STPs or to deal with or rectify any defects arising out of the STPs in the Project after handing over of the project to the Homeowners' Association. In this regard, on 23.5.2025, the petitioner sent a representation to the respondent, inter alia reiterating that in the light of handover of common areas and amenities including the STPs to the Homeowners' Association, the onus and responsibility for the same vest entirely in the Homeowners' association and requested to transfer the subject CTO in the name of the Homeowners' Association but no response is forthcoming.

5. Though the petitioner has come out with a larger prayer, considering the above submissions made by the learned counsel for the petitioner, we are of the opinion that it would be suffice if the respondent is directed to dispose of the representation of the petitioner dated 23.05.2025. Accordingly, without going into the merits of the claim made by the petitioner in this writ petition, we direct the respondent to consider the representation of the petitioner dated 23.05.2025 and pass appropriate orders on the same on merits and in accordance with law, after giving due

opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[J.N.B.,J.] [M.J.R.,J.] 24.06.2025 vsi Speaking order/Non-speaking order To Tamil Nadu Pollution Control Board, Through The District Environmental Engineer Master Plan Complex, S.F.No.1/6D & 1/5B, Perumbakkam village, Tiruvallur - 602 001

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi 24.06.2025