Sri Bannari Amman Salavai Salai v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.44018 of 2025 Sri Bannari Amman Salavai Salai Rep. by its Proprietor, S.Natarajan, S.F.No.329/2,Pallipalayam Village, Kumarapalayam Taluk Namakkal District Petitioner Vs 1.The Chairman Tamilnadu Pollution Control Board, Guindy, Chennai-600 032 2.The District Environment Engineer Tamil Nadu Pollution Control Board, D.No.1-8/8, Periyar Nagar, Kumarapalayam, Namakkal District-638 183 3.The Executive Engineer TANGEDCO, Namakkal EDC, Namakkal District-637 001

4.P.Selvaraj S/o.S.Palanisamy Gounder, D.No.23/115, Tiruchengode Road West, Pallipallayam-638 006, Komarapalayam Taluk, Namakkal District 5.S.Hariprasath S/o.P.Selvaraj, D.No.23/118, Tiruchengode Road West, Pallipalayam-638 006, Komarapalayam Taluk, Namakkal District 6.R.Ravi S/o.A.S.Ramakrishnan, S.F.No.329/2 Pallipalayam Village, Kumarapalayam Taluk, Namakkal District Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st and 2nd respondents to closure the petitioner's dyeing unit of M/s.Sri Bannari amman Salavai salai which is situated in S.F.No.329/2, Pallipalayam Village, Kumarapalayam Taluk, Namakkal District. For Petitioner:

Mr.S.Kolandasamy For Respondents:

Mr.V.Gunasekar Standing Counsel for respondent Nos.1 and 2 Mr.S.Kalaiselvan Standing Counsel for respondent No.3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. Learned counsel for the petitioner would submit that the petitioner is the proprietor of a dyeing unit and he is neither in possession of the same, nor operating it. To avoid statutory liability, the petitioner has submitted a representation before the Tamil Nadu Pollution Control Board and to the Executive Engineer, TANGEDCO for immediate disconnection on 27.07.2025, which is pending consideration without any action.

3. Without commenting upon the merits, we direct respondent Nos.2 and 3 to take a decision on the representation within a period of two weeks from the date of receipt of a copy of this order.

4. The writ petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

5. It is made clear that we have not expressed any opinion on the merits of the case.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 27.10.2025 Index :

Yes/No :

Yes/No bbr To:

1.The Chairman Tamilnadu Pollution Control Board, Guindy, Chennai-600 032 2.The District Environment Engineer Tamil Nadu Pollution Control Board, D.No.1-8/8, Periyar Nagar, Kumarapalayam, Namakkal District-638 183 3.The Executive Engineer TANGEDCO, Namakkal EDC, Namakkal District-637 001

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 27.10.2025