Madras High CourtWP(MD)/7985/2021withdrawn dismissed

Union Blue Metals v. The Dist.Collector

2021-08-31Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)No.6100 of 2021 Union Blue Metals, Through its Properietor P. Vijayan ... Petitioner Vs.

1. The District Collector, Tirunelveli District.

2. The Chairman, Tamilnadu Pollution Control Board, Arumbakkam, Chennai-106.

3. The Joint Chief Environmental Engineer, TamilNadu Pollution Control Board, Plot No. 30/2, SIDCO Industrial Estate, Pettai, Tirunelveli District.

4. The District Environmental Engineer, TamilNadu Pollution Control Board, Plot No. 30/2, SIDCO Industrial Estate, Pettai, Tirunelveli District.

5. The Superintending Engineer/Tirunelveli, O/o Superintending Engineer, TANGEGCO, Anna Building, Thiagaraja Nagar, Tirunelveli-627 011.

6. The Junior Engineer/Tenkasi, O/o Junior Engineer, TANGEDCO Town I, Tenkasi-627 811.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of certiorari to call for the records pertaining to the impugned order passed by the second respondent vide Proc. No. T1/TNPCB/F - 005972/TNV/W & A/2021-1 dated 1/3

24.03.2021 in disconnecting the power supply of the petitioner crushing unit and quash the same as illegal.

For Petitioner : Mr.N.GA.Natraj For Respondents : Mr.P. Thilak Kumar Government Pleader for R1.

: No Appearance for R2 to R6

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) Mr.N.GA.Natraj, learned Counsel appearing for the petitioner seeks permission to withdraw the Writ Petition with liberty to approach the National Green Tribunal in accordance with law.

2. In view of the submission made by the learned Counsel for the petitioner, the Writ Petition is dismissed as withdrawn. It is open to the petitioner to approach the National Green Tribunal, challenging the order dated 24.03.2021, impugned in this Writ Petition. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) LR/SSL Note :

1. The Registry is directed to return the original order, dated 24.03.2021, to the Counsel for the petitioner, after getting appropriate acknowledgment.

2. 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