Kaliyannan v. The Chairperson,

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.40558 & 40559 of 2024 Kaliyannan

...Petitioner

Vs.

1.The Chairperson, Tamil Nadu Pollution Control Board No.100, Mount Salai, Guindy, Chennai - 32.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Collectorate Campus, Near Tamil Nadu Civil Supplies Corporation, Namakkal - 637 003.

3.The Superintending Engineer, TANGEDCO (Distribution Circle) Namakkal District.

4.K.Govindasamy

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by National Green Tribunal Southern Zone in Appeal No.20/2023 (SZ) on 17.10.2024 and quash the same as against the principles of the natural justice and non-est in the eue of law consequently direct 4th respondent to shift his poultry from the existing place to another place in accordance with the Central Pollution Board (Ministry of Environment, Forest and Climate change, Government of India, New Delhi) has issued Environmental guidelines.

For Petitioner : Mr.S.Muthukrishnan For Respondents 1 & 2 : Mr.S.Sai Sathyajith (TNPCB) For 3rd Respondent : Mr.S.Kalaiselvan *****

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) We see no grievance for the petitioner. The order of the National Green Tribunal dated 17.10.2024 only directs the 4th respondent to comply with the directives issued by the Tamil Nadu Pollution Control Board with 2/5

reference to environmental norms listed in Clause 5 and 6 of the CPCB Guidelines within a period of four (4) weeks and the interim protection granted by the Tribunal has been extended till such time.

2. It is always open to the petitioner to move the Tribunal under Section 14 by way of Original Petition, if the directives are not complied with and the unit is allowed to operate.

3. Hence, we see no reason to entertain the Writ Petition. The Writ Petition is therefore dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

(R.S.M., J.) (C.K., J.) 11.12.2024 dsa Index : No : No Speaking order 3/5

To 1.The Chairperson, Tamil Nadu Pollution Control Board No.100, Mount Salai, Guindy, Chennai - 32.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Collectorate Campus, Near Tamil Nadu Civil Supplies Corporation, Namakkal - 637 003.

3.The Superintending Engineer, TANGEDCO (Distribution Circle) Namakkal District.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

dsa 11.12.2024 5/5