P.Paul Raj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and WMP(MD) No.1385 of 2020 (Through Video Conferencing) P.Paulraj : Petitioner Vs.
1.The State of Tamilnadu Rep. by its Principal Secretary Fort St. George, Chennai - 600 009.
2.The Principal Secretary / Chairman No.70 Mount Salai Guindy Chennai.32 3.The Regional Director, South East Coastal Region, Central Ground Water Board, E-Wing, G-Block Rajaji Bhawan, Besant Nagar, Chennai - 600 090.
4.The Chief Engineer, State Ground and Surface Water Resources Department Tharamani Chennai.
5.Hill Area Conservation Authority (HACA) Rep. by its Member Secretary Directorate of Town and Country Planning, 807 Anna Salai Chennai 600 002.
6.The District Collector Nagercoil, 1/4
7.The Deputy Director of Health Services, Nagercoil, Kanyakumari District.
8.The District Environmental Engineer Nagercoil, Kanyakumari District.
9.The Revenue Divisional Officer, RDO Office, Thuckalay 10.The Executive Officer, Karungal Selection Grade Town Panchayat, 11.T.Subash : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to forbear from permitting or establishing any Ice Plants in the Lands in R.S.No.320/19 Mangalakuntru Village, Karungal Town Panchayat, Kanyakumari District, by considering the petitioner's representation dated 09.11.2019. For Petitioner : Mr.Isaac Mohanlal Senior counsel for M/s.Isaac Chambers For Respondents : Mr.K.P.Krishnadoss Special Government Pleader for RR1, 2, 4 to7 and R9&R10 Mr.C.Kasirajan, Standing Counsel for TNPCB - for R8 Mr.S.Jeyasingh for R3 Ms.A.Rajini for R11
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) This Public Interest Litigation has been filed on the premise that the proposed industry to be started by the respondent No.11 is likely to cause pollution.
2.In the counter affidavit filed by the respondent No.11, the respondent No.11 has stated the particulars of license/no objection 2/4
certificate obtained for the proposed Unit from various authorities. What is missing is the permission from the local body and for the establishment of machineries and the consent to operate. If the above said two compliance are completed by the respondent No.11, he can proceed further to run the Unit.
3. In view of the submission made by the learned counsel for the respondent No.11, as consent to operate could not be considered in a Public Interest Litigation filed, we direct the respondent No.8 to pass appropriate orders on the same within four weeks from the date of receipt of a copy of this order. Needless to state that until the aforesaid compliance is made, no full-fledged operation shall take place.
4. The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RTI) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Principal Secretary Fort St. George, Chennai - 600 009.
2.The Principal Secretary / Chairman No.70 Mount Salai Guindy, Chennai.32 3.The Regional Director, South East Coastal Region, Central Ground Water Board, E-Wing, G-Block Rajaji Bhawan, Besant Nagar, Chennai - 600 090.
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4.The Chief Engineer, State Ground and Surface Water Resources Department Tharamani, Chennai - 600 113.
5.The Member Secretary, Hill Area Conservation Authority (HACA) Directorate of Town and Country Planning, 807 Anna Salai, Chennai 600 002.
6.The District Collector Nagercoil, Kanyakumari District.
7.The Deputy Director of Health Services, Nagercoil, Kanyakumari District.
8.The District Environmental Engineer Nagercoil, Kanyakumari District.
9.The Revenue Divisional Officer, RDO Office, Thuckalay 10.The Executive Officer, Karungal Selection Grade Town Panchayat, +1 CC to M/s.S.JEYASINGH, Advocate ( SR-12230[F] dated 18/03/2021 ) +1 CC to M/s.SPL GP ( SR-12502[F] dated 19/03/2021 ) +1 CC to M/s.D.SHANUMUGARAJA SETHUPATHI, Advocate ( SR-12456[F] dated 19/03/2021 ) +1 CC to M/s.C.KASIRAJAN, Advocate ( SR-12582[F] dated 19/03/2021 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-12612[F] dated 19/03/2021 ) Order made in Dated: 18.03.2021 SE(CO) TR(28.04.2021) 4P 16C 4/4