IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19-8-2014
CORAM
THE HONOURABLE MR.SANJAY KISHAN KAUL, THE CHIEF
 									    JUSTICE
AND
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
WRIT PETITION Nos.17724 and 17725 of 2014
and
M.P.Nos.1, 1 and 2 of 2014

M/s.Jaya & Co Blue Metals
Represented by its Proprietrix
Jayalakshmi Murali
Sirunallur Village
Madurantagam Taluk
Kancheepuram District						.. Petitioner in
									   both petitions

vs

1.Hon'ble Appellate Authority
   Tamil Nadu Pollution Control Board
   	(Constituted under the Air Act)
   No.51, Gangadeeswarar Koil Street
   Purasaiwakkam, Chennai 600 084
2.Tamil Nadu Pollution Control Board
   Represented by its Member Secretary
   No.76, Mount Road, Guindy,
   Chennai 600 032.
3.District Environmental Engineer
   Tamil Nadu Pollution Control Board
   No.539/3, Bazar Road, Balaji Complex
   Sriperumpudur, Padappai 601 301			.. Respondents in
									   both petitions 
		Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the order passed by the first respondent in Appeal Nos.12 and 13 of 2012 respectively dated 26.7.2013 in confirming the order passed by the third respondent in Lr.No.F-SPR 1043/OS/DEE/TNPCB/SPR/2011 dated 31.10.2011 and consequential order of the second respondent dated 20.2.2014 in Proc.No.T5/TNPCB/F.4587/BM/RS/SPR/A/2014 and quashing the same and consequently directing the third respondent to grant consent to operate under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981.
		For Petitioner		:  Mr.K.Ramu
		
		For Respondents 		:  Mrs.Rita Chandrasekaran
							for RR2 and 3

COMMON ORDER

(Order of the Court was made by THE HON'BLE THE CHIEF JUSTICE)

		Learned Counsel for the petitioner submits that he does not seek to assail the impugned order of closure, but the limited relief he seeks in the present petitions is that the seals be opened so as to facilitate the removal of the machinery and relocation somewhere else with compliance.

		2.In view of the aforesaid limited prayer, learned Counsel appearing for the respondents 2 and 3 submits that qua the aforesaid aspect, a direction would have to be issued to the District Collector of Kancheepuram District as the sealing is carried out by the said authority.

		3.We thus direct the District Collector of Kancheepuram District to de-seal the premises on a written request being made by the petitioner for the purpose of removal of machinery whereafter the petitioner may use it for a purpose for which the premises is permissible to be used as the premises is stated to be owned by the petitioner.

		4.Since the learned Counsel for the petitioner states that two months time would be required for removal of the machinery, the premises would be inspected by the District Collector after de-sealing on lapse of two months time to ensure that the machinery has been removed.

		5.The writ petitions accordingly stand disposed of.  No costs.  Consequently, connected MPs stand closed.

						(S.K.K.,C.J.)	(M.S.N.,J.)
							     19-8-2014
Index: yes/no

Note to Office:

Copy of this order may be
marked to the District Collector,
Kancheepuram District
nsv
To:

1.The District Collector
   Kancheepuram District.
2.Hon'ble Appellate Authority
   Tamil Nadu Pollution Control Board
   	(Constituted under the Air Act)
   No.51, Gangadeeswarar Koil Street
   Purasaiwakkam, Chennai 600 084
3.Tamil Nadu Pollution Control Board
   Represented by its Member Secretary
   No.76, Mount Road, Guindy,
   Chennai 600 032.
4.The District Environmental Engineer
   Tamil Nadu Pollution Control Board
   No.539/3, Bazar Road, Balaji Complex
   Sriperumpudur, Padappai 601 301






























							THE HON'BLE THE CHIEF
										JUSTICE
									AND									M.SATHYANARAYANAN, J.

nsv WP Nos.17724 and 17725 of 2014 Dt: 19-8-2014