Saritha.S v. The Tamil Nadu Pollution Control Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P(MD)Nos.8216, 8218, 8219, 8662, 8666 & 8670 of 2021 1.W.P(MD)No.10551 of 2021:- S.Saritha ... Petitioner Vs.

1.The Tamil Nadu Pollution Control Board, Rep. by its Chairman, Chennai.

Pudukadai, 'Nanjil Traders Ice Plant' situated at R.S.No.626/10, Helen Nagar, Keelkulam Village, Inayam, Killiyoor Taluk, Kanyakumari District by considering the representation of the petitioner dated 08.06.2021. 1/5

2.W.P(MD)No.10552 of 2021:- J.Frederic Saviyo ... Petitioner Vs.

1.The Tamil Nadu Pollution Control Board, Rep. by its Chairman, Chennai.

Kollencode 'LSM Ice Plant' situated at Door No.26-157E, Vallavilai, Kallancode Post, Vilavancode Taluk, Kanyakumari District by considering the representation of the petitioner dated 08.06.2021. 3.W.P(MD)No.10555 of 2021:- A.Reslin ... Petitioner Vs.

1.The Tamil Nadu Pollution Control Board, Rep. by its Chairman, Chennai.

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Nagercoil, Kanyakumari District - 629 001.

Chemponvilai, 'Amali Ice Plant' situated at S.F.No.130/1, Simon Colony Village, Kalkulam Taluk, Kanyakumari District by considering the representation of the petitioner dated 08.06.2021. For Petitioner : Mr.S.C.Herold Singh (In all W.Ps') For RR 1 & 3 : Mr.S.Bageerathan (In all W.Ps') Standing Counsel For R - 2 : Mr.P.Thilak Kumar (In all W.Ps') Standing Counsel for Government For RR 4 & 5 : Mrs.S.Srimathy (In all W.Ps') Standing Counsel COMMON ORDER (Order of the Court was made by M.DURAISWAMY,J.) The petitioners have filed the above Writ Petitions to issue Writs of Mandamus, directing the respondents to pass orders on their applications, dated 06.07.2020 seeking CRZ clearance for the ice plant by considering the representations, dated 08.06.2021 within a time frame.

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2.The learned counsel appearing for the petitioners submitted that though the petitioners have submitted their applications as early as on 06.07.2020, the first respondent has not passed any order so far.

3.Mr.S.Bageerathan, learned Standing Counsel for the respondents 1 and 3 and Mr.P.Thilak Kumar, learned Standing Counsel for the Government for the second respondent, submitted that the first respondent may be directed to consider the petitioners applications, dated 06.07.2020 and pass orders on merits and in accordance with law within a time frame.

4.Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for by the learned counsel for the petitioners, without expressing any opinion with regard to the merits of the case, we direct the first respondent to consider the petitioners applications, dated 06.07.2020 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 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 Chairman, Chennai.

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+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-25558[F] dated 06/08/2021 ) +1 CC to M/s.GP ( SR-25484[F] dated 06/08/2021 ) 05.08.2021 ks(CO) TR(12.08.2021) 5P 7C 5/5