Jothi Sathyap Priya K v. Tmt. Supriya Sahu I.A.S., And 1 Other

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Jothi Sathyap Priya : Petitioner versus 1.Supriya Sahu, IAS, Principal Secretary to Government, Environment, Climate Change & Forests Department, Secretariat, Rajaji Salai, Fort St.George, Chennai 9 2.Dr.Jayanthi M, IFS, Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai 32.

: Respondents Prayer : Contempt petition filed to punish the respondents for violating the order passed by this Court in WMP No.27188 of 2021 in WP No.25737 of 2021 dated 03.12.2021.

For Petitioner : Mr.T.Mohan, Senior Counsel, for Mr.R.Prabakar For 1st Respondent : Mr.C.Selvaraj, Additional Government Pleader, For 2nd Respondent : Mrs.Shanmugavalli Sekar

ORDER

(made by R.SUBRAMANIAN, J.) There is no cause for contempt. The classification of the coir industry as 'orange category' was the subject-matter of challenge in WP No.25737 of 2021 etc. batch. The Division Bench had granted an order of status quo in a petition where an interim order of stay of operation of the categorisation order dated 10.11.2021 was sought for. By a subsequent proceeding dated 10.10.2023, the Tamil Nadu Pollution Control Board has chosen to withdraw the categorisation made on 10.11.2021.

2. According to Mr.T.Mohan, learned Senior Counsel appearing for the contempt petitioner, such categorisation should not have happened in view of the subsequent order granted in the pending writ petition and therefore, such re-categorisation by itself would mean wilful disobedience of the order of status quo, constituting contempt of Court.

3. We are unable to persuade ourselves to agree with the submission of learned Senior Counsel. The writ petition was at the

instance of the Coir Manufactures Welfare Association. They wanted stay of operation of the re-categorization. A status quo order was granted. That means, the re-categorisation should not be implemented or that the existing industries would continue to function. There was no bar on the power of the Tamil Nadu Pollution Control Board to withdraw the re-categorisation made. If the petitioner is aggrieved by the re-categorisation order dated 10.10.2023, it is open to the petitioner to challenge the same in the manner known to law.

4. This contempt petition is dismissed.

(R.S.M., J.) (V.S.G., J.) 23.07.2024 Index : Yes/no tar

R.SUBRAMANIAN, J.

and V.SIVAGNANAM, J.

(tar) 23.07.2024