M.Ravi Kumar v. The Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM:

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and WMP.No.28000 of 2024 M.Ravi Kumar ... Petitioner -Vs1. The Pollution Control Board, Chennai.

2. The Executive Environment Engineer, Pollution Control Board, Sivatavur, Mayanoor Street, Salem.

3. The Asst. Executive Officer, Electricity Office Maintenance, O 7 M TANGEDCO, Kunjandiyur 636 403.

4. The Block Development Officer, Pottaneri Panchayat, Pottaneri, Mettur, Salem, Tamil Nadu-634 653.

5. The Thasildar, Mettur-636 401.

6. Tmt.Muthunagai ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 1st to 5th respondent to initiate appropriate action by restraining the 5th respondent in running the Power loom run at Residential area at Four Roads, Pottaneri, Mettur, Salem, Tamil Nadu 636 453 by considering my complaint dated 06.04.2023. For Petitioner : Ms.T.Rama Devi For Respondents : Mr.V.Gunasekar Standing Counsel for R1 & R2 Mr.I.Syed Sibghatulla for R3 Mr.P.Balathandayutham Special Government Pleader for R4 & R5 R6-Insufficient address *****

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J] It is the complaint of the petitioner that the 6th respondent has installed a Power loom in a residential area without permission from the Pollution Control Board.

2. Mr.V.Gunasekar, learned standing counsel appearing for the respondents 1 and 2 would submit that the power loom comes under white category and consent of the Board is not required. 2/4

3. Hence, we see no reason to entertain this writ petition. In respect of the nuisance that is caused by the power loom, it is open to the petitioner to approach the Civil Court or the Criminal Court, as the case may be.

4. Accordingly, this writ petition is dismissed. No costs. Consequently, connected WMP is also closed.

[R.S.M., J] [C.K., J] 19.12.2024 Index : No Internet: Yes Speaking Order NCC : No kmi To

1. The Pollution Control Board, Chennai.

2. The Executive Environment Engineer, Pollution Control Board, Sivatavur, Mayanoor Street, Salem.

3. The Asst. Executive Officer, Electricity Office Maintenance, O 7 M TANGEDCO, Kunjandiyur 636 403.

4. The Block Development Officer, Pottaneri Panchayat, Pottaneri, Mettur, Salem, Tamil Nadu-634 653.

5. The Thasildar, Mettur-636 401.

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R.SUBRAMANIAN, J and C.KUMARAPPAN, J kmi 19.12.2024 4/4