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Madras High CourtWP/25771/2025disposed of

P.Rajenderan v. Tamil Nadu Pollution Control Board

2025-07-31Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 25771 of 2025 P. Rajenderan Petitioner Vs 1.Tamil Nadu Pollution Control Board, District Environmental Laboratory, 149-A, Sipcot-1, Hosur-635 126, Krishnagiri District.

2.The Sub Collector, Hosur, Krishnagiri District.

3.The District Collector, Krishnagiri District.

4.M/s.Marudhar Stones International Pvt. Ltd., S.No.367/1, Samanapalli Road, Alur Village, SIPCOT II Extn 11, Hosur - 635 109.

Respondent(s)

PRAYER: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3 rd respondent to dispose the representation dated 16.06.2025 for taking necessary action against the factory M/s.Marudhar Stones International Pvt. Ltd. based on enquiry conducted on 07.05.2025 by the 1 st respondent proceeding vide No. nfh/17blf;-khRRbghjehkhfth-XN:h;-1945-2025/ For Petitioner(s):

Mr.M.Ravi For Respondent(s):

Mr.V.Gunasekar, Standing Counsel for R1 Mr.M.Rajendran, Additional Government Pleader for R2 and R3

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for issuance of a Writ of Mandamus directing the 3 rd respondent to dispose of the representation of the petitioner dated 16.06.2025 for taking necessary action against the factory M/s.Marudhar Stones International Pvt. Ltd. based on enquiry conducted on 07.05.2025 by the st respondent proceedings vide No. nfh/17blf;-khRRbgh-jehkhfthXN:h;-1945-2025/

2. The case of the petitioner is that he originally possessed a patta land situated in No.117, Alur Village, Hosur Taluk, Krishnagiri District, Patta No.2161 comprised in SNo.433/1B1A, 433/1D2A admeasuring an extent of 0.96 cents. Adjacent to his agricultural land, there is a factory running in the

name of M/s.Marudhar Stones International Pvt. Ltd., and stone process and stone cutting work is being carried out by the factory. According to the petitioner, due to stone cutting powder, processed waste water, small stones and blades pieces in the said factory are being deposited in the petitioner's land, the agricultural land is being polluted by the waste dumped. In this regard, the petitioner sent a representation to the 1 st respondent on 28.04.2025 and the 1st respondent issued proceedings No. nfh/17blf;-khRRbgh-jehkhfth-XN:h;- 1945-2025/ dated 07.05.2025 stating that based on the petitioner's representation, the 1 st respondent conducted enquiry on 05.05.2025 and found that the factory is functioning without the certificate of the Tamil Nadu Pollution Control Board and not following the basic norms and rules. The petitioner sent another representation dated 19.05.2025, followed by yet another representation dated 16.06.2025 to the 3 rd respondent to take necessary action and since no response is forthcoming the petitioner is constrained to file the instant writ petition.

3. The learned Additional Government Pleader appearing for the respondents 2 and 3 submits that the 2 nd respondent is the authority competent to dispose of the petitioner's representation.

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5. Considering the facts and circumstances of the case and the limited scope of prayer sought for, this Court, without expressing anything on merits, directs the 2 nd respondent to consider and dispose of the petitioner's representation dated 16.06.2025 after affording opportunity of personal hearing to the petitioner and the 4 th respondent and thereafter shall take necessary action in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above directions. No costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 31-07-2025 ASI To 1.Tamil Nadu Pollution Control Board, District Environmental Laboratory, 149-A, Sipcot-1, Hosur-635 126, Krishnagiri District.

2.The Sub Collector, Hosur, Krishnagiri District.

3.The District Collector, Krishnagiri District.

J. NISHA BANU, J.

AND M. JOTHIRAMAN, J.

ASI W.P. No. 25771 of 2025 31-07-2025