Govindaraj, S/O.Sampandam, v. The Government Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI and W.M.P.(MD) No.5512 of 2019 Govindaraj ... Petitioner -vs1.The Government of Tamilnadu By its Secretary Department of Environment & Forest Chennai 2.The District Collector Thanjavur 3.The Joint Chief Environment Officer Tamil Nadu Pollution Control Board Trichy 4.The District Environment Engineer Tamil Nadu Pollution Control Board Thanjavur 5.S.S.A.Ready Mix Concrete Karambathur Irumbuthalai Post Pabanasam Taluk Thanjavur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action against the 5th respondent for illegally running the plant and causing air and water pollution to the surrounding Nanja lands.

For Petitioner : Mr.Muthukrishnan For Respondents: Mr.A.K.Baskarapandian Special Government Pleader for R1 to R4 Mr.P.Athimoolapandian for R5 1/3

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] This writ petition has been filed as a public interest litigation alleging that the fifth respondent is running a Concrete Ready Mix Plant, without any approval, in the agricultural lands and causing air and water pollution to the surrounding areas.

2. The fifth respondent has filed a counter affidavit contending that the petitioner is not a geniune public interest litigant and there is a dispute between the petitioner's son and the fifth respondent and in this regard, a criminal case is also pending. Further, it is seen that the fifth respondent has obtained necessary permission from the Pollution Control Board in the year 2017 and there are communications between the fifth respondent and the District Collector, Sub Collector and Tahsildar and the Executive Engineer and the fifth respondent, which clearly show that the allegations made by the petitioner against the fifth respondent are far from truth. Furthermore, it is not the case of the petitioner how the fifth respondent is violating the approval conditions.

3. In the light of the above, we are not inclined to issue any direction as prayed for by the petitioner. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) krk To:

1.The Secretary to Govt. of Tamil Nadu, Department of Environment & Forest, Chennai - 600 009.

2.The District Collector, Thanjavur.

3.The Joint Chief Environment Officer, Tamil Nadu Pollution Control Board, Trichy.

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4.The District Environment Engineer, Tamil Nadu Pollution Control Board, Thanjavur.

+1CC TO MR.P.ATHIMOOLAPANDIAN, Advocate Sr. No.101655 +1CC TO MR.S.MUTHU KRISHNAN, Advocate Sr. No.101995 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.102437 and W.M.P.(MD) No.5512 of 2019 26.11.2019 ns(CO) TR(04.12.2019) 3P 8C 3/3