K.Kowsalya v. Tamilnadu Pollution Control Board,

W.M.P.Nos.34999, 35000, 35578, 35581, 35582, 35583, 35584, 35585, 35586, 35587, 35588, 35600, 35601, 35602, 35604, 35606, 35607, 35608, 35610, 35611, 35613, 35614 of 2023 in W.P.Nos.17067, 17072, 12178, 12183, 12188, 12189, 12191, 12195, 12196, 12198, 12202, 12203, 12204, 12206, 12208, 12210, 12215, 12220, 12229, 12234, 12235, 12238 of 2023 S.S.SUNDAR , J.

and N.SENTHILKUMAR, J.

(Order of the Court was made by S.S.SUNDAR, J.) All these writ miscellaneous petitions have been filed by the petitioners, who are operating fly ash brick units, to extend the time by six months to comply with the order dated 05.09.2023 passed by this Court in the above writ petitions.

2. In the writ petitions, the challenge was to the proceedings initiated by the Tamil Nadu Pollution Control Board under the Air (Prevention and Control of Pollution) Act, 1981 directing all the petitioner units to comply with certain conditions within a time frame. All the conditions are required to arrest air pollution and therefore, this Court, while disposing of the writ petitions, directed all the petitioner units to comply with the directions of the Pollution Control Board within three months and to install the pollution Page No.1/4

control devices suggested by the first respondent Board. Failure to comply with anyone of the directions of the Pollution Control Board by the individual units would result in the Board invoking power under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 and under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.

3. We have heard the learned counsels appearing for the parties.

4. Considering the fact that all the petitioners have been directed to provide enclosures around their place where the manufacturing process is being carried on and also to put up the compound walls around their manufacturing units in order to arrest the pollution, which may not involve much financial burden, the petitioners are supposed to operate their manufacturing units after satisfying the requirements pointed out by the Pollution Control Board in order to arrest the pollution. Without complying with the directions of the Pollution Control Board, no unit is supposed to operate. Therefore, time is extended by two months from today to comply with the order dated 05.09.2023 passed by this Court in the writ petitions. It is made clear that no further time extension will be granted to the petitioners. The Pollution Control Board is also directed to take appropriate Page No.2/4

action if anyone of the units fail to adhere to the norms and also the directions of this Court. The writ miscellaneous petitions are ordered accordingly.

(S.S.S.R.,J.) (N.S.,J.) 01.02.2024 ss Page No.3/4

S.S.SUNDAR,J.

AND N.SENTHILKUMAR,J.

ss W.M.P.Nos.34999 of 2023 in W.P.Nos.17067 of 2023 etc.

01.02.2024 Page No.4/4