Varatharajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Varatharajan : Petitioner versus 1.The District Collector Erode District 2.The District Environmental Engineer Tamil Nadu Pollution Control Board Perundurai, Erode District 3.M/s. Jothi Melters India Pvt. Ltd No.493/2, Punjai Puliyampatti Village Sathyamangalam taluk Erode district : Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for a writ of Mandamus directing respondents 1 and 2 to take appropriate action against the 3rd respondent by considering petitioner's representation dated 21.09.2022.

For Petitioner :

Mr.N.Chinnaraj For Respondent No.1 :

Mr.T.K.Saravanan, Government Advocate For Respondent No.2 :

Ms.Shanmugavalli Segar

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Chinnaraj, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for the first respondent and Ms.Shanmugavalli Segar, learned counsel appearing for the second respondent.

2. Learned counsel for the petitioner submits that the third respondent unit is functioning without complying with the pollution control norms. A significant amount of carbon oxide, sulfur oxide, nitrogen oxide, etc. are released into the environment, in addition to dust, during the casting process. No action is taken by the authorities.

3. Counter-affidavit is filed by the second respondent. It is stated that on the basis of the complaints received from time to time, inspections were made. The affidavit further gives details of the steps taken by the third respondent. It is stated that after the issuance of show-cause notice, the unit has taken corrective action by adding two more wet scrubbers to improve the performance efficiency of the

existing air pollution control measures and stopped open burning of wastes. The unit also modified the hood arrangement for an effective suction of smoke coming out of the melting furnace capacity. This is reflected in the ambient air quality survey results conducted in the unit's premises wherein the parameters such as PM10, PM2.5, SO2 and NO2 are within the standards prescribed by the Board. The second respondent has further stated in the counter-affidavit that the unit would be monitored regularly to ensure effective performance of the air pollution control measures.

4. In view of the affidavit filed by the second respondent, no further orders are necessary. The writ petition as such is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 02.04.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Erode District

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(tar) 2.The District Environmental Engineer Tamil Nadu Pollution Control Board Perundurai, Erode District 02.04.2024