Madras High CourtWP(MD)/6491/2022disposed of

Sri Rajeswari Associates v. The District Environmental Engineer

2022-04-07Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.6491 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.6491 of 2022 Sri Rajeswari Associates, represented by its Authorize Signatory, Sivagangai District.

... Petitioner vs.

The District Environmental Engineer, Tamil Nadu Pollution Control Board, Collectorate Complex, Sivagangai - 630 562.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to pass appropriate orders on the petitioner's representation, dated 18.02.2022, seeking for renewal of consent within a period that may be stipulated by this Court.

For Petitioner :Mr.Jerin Mathew for Mr.T.Palanisamy For Respondent :Mr.Vijayakumari Natarajan

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's application, dated 18.02.2022 seeking for renewal of the consent orders:

(a)Consent order, dated 14.03.2019 issued in favour of the petitioner under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, as amended in 1987 (Central Act 14 of 1981). (b)Consent order, dated 14.03.2019 issued in favour of the petitioner under Section 25 of Water (Prevention and Control of Pollution) Act, 1974, as amended in 1988 (Central Act 6 of 1974). 2.According to the petitioner, his renewal application has not been considered till date, but his consent orders have already been expired on 31.03.2021. In such circumstances, he has filed this Writ Petition seeking for a direction to the respondents to pass final orders on the petitioner's application seeking for renewal within a time frame to be fixed by this Court. 3.No prejudice will be caused to the respondents, if the petitioner's application is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing, within a time frame to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6491 of 2022 be fixed by this Court.

4.Accordingly, this Court directs the respondent to consider the petitioner's application, dated 18.02.2022 seeking for renewal of the two consent orders, both dated 14.03.2019 referred to supra and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner including granting him the right of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

5.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) Cmr TO The District Environmental Engineer, Tamil Nadu Pollution Control Board, Collectorate Complex, Sivagangai - 630 562.

+1 CC to M/s.VIJAYAKUMARI NATARAJAN, Advocate ( SR-17450[F] dated 08/04/2022 ) +1 CC to M/s.T. PALANI SAMY, Advocate ( SR-17469[F] dated 08/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17923[F] dated 11/04/2022 ) W.P.(MD)No.6491 of 2022 07.04.2022 CK(CO) KB(20.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2