N.K.Selvaraj v. Tamilnadu Pollution Control Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.K.SELVARAJ .. Petitioner Vs 1 TAMILNADU POLLUTION CONTROL BOARD REP BY ITS CHAIRMAN NO.76 MOUNT SALAI CHENNAI - 600 032.
2 THE DISTRICT ENVIRONMENTAL ENGINEER TAMILNADU POLLUTION CONTROL BOARD 1/276 MEIYYUR MAIN ROAD SALEM - 636004.
3 THE COMMISSIONER DEPARTMENT OF GEOLOGY AND MINING GUINDY CHENNAI - 600032.
4 JAYANTHI BLUE METALS REPRESENTED BY K.JEEVA NADUPPATTI POST, KAADAIYAMPATTI TALUK SALEM DISTRICT.
5 VIGNESHWARA BLUE METALS REPRESENTED BY RAJESHKUMAR NADUPPATTI POST, KAADAIYAMPATTI TALUK SALEM DISTRICT.
6 ASHOK KUMAR BLUE METALS
REPRESENTED BY KARMEGAM NADUPPATTI POST, KAADAIYAMPATTI TALUK SALEM DISTRICT.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the first respondent to take appropriate action against respondents 4 to 6 herein based on the report as mentioned in letter No. 1783/DEE/TNPCP/ Complaint/ Salem 2023 dated 28.02.2023 by the respondent No.2 herein in view of the petitioner's representation dated 26.12.2022 sent through Tamilnadu Vivasaayigal Sangam (unregistered Sangam) within a fixed time frame.
For the Petitioner : Mr.P.Vetrivel for Mr.B.M.Subash For the Respondents : No appearance for respondents 1 and 2 : Mr.C.Kathiravan Special Government Pleader for 3rd respondent : Mr.S.V.Vijay Prashanth for respondents 4 and 5 : Mr.W.M.Abdul Wahab for 6th respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.P.Vetrivel, learned counsel for the petitioner; Mr.C.Kathiravan, learned Special Government Pleader for the third respondent; Mr.S.V.Vijay Prashanth, learned counsel for respondents 4 and 5; and Mr.W.M.Abdul Wahab, learned counsel for the sixth respondent.
2. Learned advocates for respondents 4 to 6 submit that the parties are wrongly described.
3. Learned counsel for the petitioner submits that a report is already submitted by the District Pollution Control Board to the State Pollution Control Board, however, he could not get the copy of the report, even though information was sought under the provisions of the Right to Information Act.
4. The petitioner may get the copy of the report submitted by the District Pollution Control Board to the State Pollution
Control Board. After getting the said report, if any illegality is pointed out, the petitioner may file a fresh writ petition by adding proper parties.
With these observations, the writ petition is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 04.03.2024 Index :
Yes/No Yes/No sasi To 1 THE CHAIRMAN TAMILNADU POLLUTION CONTROL BOARD NO.76 MOUNT SALAI CHENNAI - 600 032.
2 THE DISTRICT ENVIRONMENTAL ENGINEER TAMILNADU POLLUTION CONTROL BOARD 1/276 MEIYYUR MAIN ROAD SALEM - 636004.
3 THE COMMISSIONER DEPARTMENT OF GEOLOGY AND MINING GUINDY CHENNAI - 600032.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 04.03.2024