M/S.Sri Amman Fibre v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.10.2023

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL REV.APPLN.No.169 of 2023 M/s.Sri Amman Fibre, Represented by its Proprietor S.Srikumar S.F.No.249/4A, Athani Village, Sembulichampalayam, Anthiyur, Erode District-638 502. ..Petitioner

Versus

1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-600 032.

2.The District Environment Engineer, Tamil Nadu Pollution Control Board, Plot No.J-2(W), SIPCOT Industrial Growth Centre, Perundurai-638 052 Erode District. ..Respondents Review Application filed under Order XLVII Rule 1 r/w Section 114 of C.P.C, against the order made in WP No.16492 of 2023 dated 16.06.2023.

For Petitioner :

Mr.S.Kolandasamy For Respondents :

Mrs.Shanmugavallisekar for Tamil Nadu Pollution Control Board for respondents 1/4

ORDER

This Review Application is filed by the petitioner to review the order dated 16.06.2023 passed in WP No.16492 of 2023.

2. Subsequent to the filing of the review application, the respondent/the Pollution Control Board has issued a Circular in Letter No.T1/TNPCB/F.13367/Coir Industries/2023, dated 10.10.2023. The relevant portion of the letter is extracted hereunder: "I invite attention to the reference 2nd cited, wherein the Hon'ble High Court of Madras directed the TNPCB to maintain status quo on Re-Categorization of Coir Industry Proceeding of the Board in the reference 1st cited.

Subsequently, vide reference 3rd cited the CPCB has released a draft notification on Classification of Industrial Sectors into Red, Orange, Green and White Categories, wherein the Manufacturing of coir (wet/dyeing process) is classified under Orange category, Manufacturing of coir (Dry process) is classified under Green category and Manufacturing of Coir items is classified under White category. The notification will be issued shortly.

Meanwhile, various associations of Coir Exporters and Manufacturers submitted enormous number of representations to the TNPCB requesting to protect the Coir sector and their livelihood by withdrawing the TNPCB Proceeding dated 10.11.2021.

In view of the above, the Board vide reference 4th cited has withdrawn the earlier proceeding No.T2/TNPCB/F.13367/2021, dated:10.11.2021 regarding the categorization of Coconut husk retting/de-fibreing/pith processing under Orange Category."

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3. In the light of the above, there is no legal bar for the petitioner for shifting the coconut husk to his own land without getting any NOC from the Board.

4. Learned Standing Counsel for the respondent Board has also stated that they have no objection for shifting the coconut husk by the petitioner to his own land, subject to satisfy if any other condition is required.

5. In view of the above said circular dated 10.10.2023 issued by the respondent and also the submissions and clarifications made by the learned counsel for the respondent, the review application stands disposed of. There will be no order as to costs. [D.K.K., J.] [P.D.B., J.] 16.10.2023 Index : Yes/No mrn 3/4

D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

(mrn) REV.APPLN.No.169 of 2023 16.10.2023 4/4