N.M. Mohamed Minnathulla v. The Ministry Of Environment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Petition (MD) No.19608 of 2014 and M.P(MD)No.1 of 2014 N.M.Mohamed Minnathulla ... Petitioner Vs.

1.The Ministry of Environment and Forest, Rep by its Secretary, New Delhi.

2.The Tamil Nadu Pollution Control Board, Rep by its Chairman, 76 Anna Salai, Guindy, Chennai 600 032.

3.The District Environment Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO, Industrial Complex, Pettai, Tirunelveli 10.

4.The District Collector, Tirunelveli District, Tirunelveli.

5.The Commissioner, Tenkasi Municipality, 6.The Executive Engineer, Tamil Nadu Electricity Board Distribution, Shencottah Road, 7.Regional Package Industries, Rep thro its Proprietor S.Hidayathullah, 6D/5, Sornapuram Street,

8.Palayathar Bone Mill, Rep thro its Proprietor Sulaiman Sait, 1B, Paraiyadi Street, 9.Sulaiman Bone Mill, Rep thro its Proprietor Mohamed Yasin, 1B/2, Utchimahaliamman Kovil 1st Street, ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 2nd respondent to take necessary action against the respondents 7 to 9 Bone Mill industries situated at the residential area of Tenkasi Municipality Tirunelveli District and protect the environment from the pollution by considering the petitioner representation dated 25.10.2014.

For Petitioner : Mr.A.Haja Mohideen For 6th Respondent : Mr.G.Kasinathadurai For Respondents 7&9 : Mr.P.Thirunavukkarasu For Respondents 2 to 5 : Mr.S.Chandrasekar, Government Advocate.

For 1st Respondent : No appearance For 8th Respondent : No appearance

ORDER

(Order of the Court was made by T.S.SIVAGNANAM,J) The petitioner seeks for a direction to take action against the respondents 7 to 9 who are running bone mill in the residential areas.

2.Learned counsel for the petitioner would submit that after the notice was ordered in this writ petition, the Electricity Board by proceedings dated 09.02.2015 has disconnected the electricity connection to the bone mill and the same has been closed.

3.In the light of the same, the respondents 5 and 6 are directed not to permit to establish any bone mill in the residential areas.

4.With the above observation, the writ petition is disposed of. No costs. Consequently, M.P(MD)No.1 of 2014 is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Ministry of Environment and Forest, Reb by its Secretary, New Delhi.

2.The Tamil Nadu Pollution Control Board, Rep by its Chairman, 76 Anna Salai, Guindy, Chennai 600 032.

3.The District Environment Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO, Industrial Complex, Pettai, Tirunelveli 10.

4.The District Collector, Tirunelveli District, Tirunelveli.

5.The Commissioner, Tenkasi Municipality, 6.The Executive Engineer, Tamil Nadu Electricity Board Distribution, Shencottah Road, +1cc to Mr.A.Haja Mohideen , Advocate Sr.No.19337 +1cc to Mr.G.Kasinathadurai, Advocate Sr.No.19331 +1cc to Spl.Government Pleader Sr.No.19409 SMS VB/RR/17.04.2017/3P/10C Writ Petition (MD) No.19608 of 2014 and M.P(MD)No.1 of 2014 03.04.2017