P.Sureshkumar v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN P.Sureshkumar .. Petitioner -vs1. The Member Secretary, Tamilnadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai 600 032.
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.CP 6B, Sipcot, Oragadam, Sriperumbudur Taluk, Kancheepuram District 603 109.
3. The Manager, Concrete OEM Private Limited, No.186 & 188, Erikarai Road, Kollacherry Village, Kundrathur, Kanchipuram District 600 069.
4. The Manager, Amaze Concrete Products Private Limited, No.69, Erikarai Road, Kollacherry Village, Kundrathur, Kanchipuram District 600069.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to take appropriate action against the 3rd and 4th respondents ready mix concrete plants situated at No.186, 188 & 69 at Kollacherry Village, Kundrathur, Kanchipuram District, based on the representation dated 01.07.2024 made by the petitioner.
For Petitioner :
Mr.M.Muniswaran For Respondents :
Mr.V.Gunasekar Stdg. Counsel for RR 1 and 2 * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This Public Interest Litigation has been filed seeking issuance of a direction to respondents 1 and 2 to consider representation of the petitioner.
2. In the entire petition, there is no allegation that establishment of the private respondent is in violation of any particular guidelines applicable for RMC Plants in Tamil Nadu. There is a general allegation of causing pollution.
2.1. During the course of argument, learned counsel for the petitioner would submit that in the representation such allegation has been made. In the complaint, it has been stated that the establishment is located close to Government school campus in violation of the guidelines that RMC Plant should not be located within 200 meters. It is further alleged that the same is being operated without following the Rules.
3. Even though in the writ petition, there are no specific averments regarding violation of guidelines, we find that in the representation, it is stated that the establishment is in violation of guidelines with regard to the location that such RMC Plant should not be located within 200 meters of the school. This aspect may be verified by the authorities.
4. Sri.Gunasekar, learned standing counsel, enters appearance and takes notice for respondents 1 and 2.
5. Let an enquiry be made with regard to the aforesaid specific allegation that RMC unit is situated within the prohibited distance of 250 meters from the school, in the light of the guidelines for RMC Plants in Tamil Nadu. The enquiry should be completed within 45 days from the date of receipt of a copy of the order and action, if warranted, upon spot inspection and measures, should be taken. Petition is disposed of. It is made clear that in any such enquiry/ inspection, the private respondent shall be given due and prior notice to ensure his presence at the time of measurements, etc. There shall be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 18.11.2025 Index : Yes/No : Yes/No sra
To
1. The Member Secretary, Tamilnadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai 600 032.
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.CP 6B, Sipcot, Oragadam, Sriperumbudur Taluk, Kancheepuram District 603 109.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.
(sra) 18.11.2025