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Section 31A in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Article 226 in The Constitution Of India 1949

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Madras High Court
A.Thangaraj vs The Member Secretary on 4 April, 2016
        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 04.04.2016  

CORAM   
THE HONOURABLE MR.JUSTICE  S.MANIKUMAR            
and 
THE HONOURABLE MR.JUSTICE C.T.SELVAM           

Writ Petition (MD) No.3919 of 2015
and W.M.P.(MD) Nos.1 and 2 of 2015  

A.Thangaraj                                                             ... Petitioner

                                                Vs.

1.The Member Secretary,  
  Tamil Nadu Pollution Control Board,
  Chennai.
2.The District Collector,
  Thanjavur District,
  Thanjavur.
3.The Tahsildar,
  Kumbakonam,  
  Thanjavur District.
4.The Commissioner,  
  Kumbakonam Municipality,  
 Thanjavur District.
5.The Superintendent Engineer (Distribution Circle),
  TANGEDCO,   
  Thanjavur.
6.V.Mohankumar                                                     ... Respondents       

COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, directing the respondents 1 to 5
to take necessary action against the 6th Respondent's illegal Plastic Unit in
the name of Kamatchi Amman Plastics to close the Unit permanently.  

!For Petitioner                 : Mr.A.Thangaraj
                                                  Party-in-person

For 1st Respondent      : Mr.C.Elaman 

                For Respondents 2 & 3   : Mr.A.K.Baskara Pandian 
                                                  Special Government Pleader 

                For 4th Respondent      : Ms.J.Gayathri

                For 5th Respondent      : Mrs.S.Srimathy 


:ORDER  

(Order of the Court was made by S.MANIKUMAR, J.) The petitioner has sought for a Writ of Mandamus, directing the respondents 1 to 5 to take necessary action against the 6th Respondent's illegal Plastic Unit in the name of Kamatchi Amman Plastics and to close the Unit permanently.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thanjavur has filed a counter dated 29.02.2016, wherein, at paragraph Nos.6 and 7, he has stated as follows:

?6. It is respectfully submitted that, the unit was inspected on 18/02/2016, during inspection the unit is in operation without obtaining the building plan approval from Local Planning authority and without the consent of the Board. Hence, inspection report with the recommendation of issue of direction for closure and disconnection of power supply to the unit was sent to the Board vide this office IR No.:F.TNJNA/OS/DEE/TNJ/2016/ Dated:18/02/2016.

7. It is respectfully submitted, that, Board has issued direction order for stoppage of Electricity and closure of the industry under section 31A of AIR (Prevention and Control of Pollution) Act, 1981 as amended vide Board's Proc.No.T8/F.MO238/TNPCB/OS/TNJ/EB/2016 Dated:25/02/2016 and Proc.No.T8/F.MO238/TNPCB/OS/TNJ/A/2016 Dated:25/02/2016. Power supply was disconnected to the unit by Assistant Engineer/(Operation & Maintenane), Town West/TANGEDCO, Kumbakonam, Kumbakonam Taluk, Thanjavur District on 29.02.2016.?

3.In the light of the statement, there is no need to issue any mandamus. Recording the above statement, the Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed.

To

1.The Member Secretary, Tamil Nadu Pollution Control Board, Chennai.

2.The District Collector, Thanjavur District, Thanjavur.

3.The Tahsildar, Kumbakonam, Thanjavur District.

4.The Commissioner, Kumbakonam Municipality, Thanjavur District.

5.The Superintendent Engineer (Distribution Circle), TANGEDCO, Thanjavur..