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Section 21 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
Section 22 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Madras High Court
P.Periyasamy vs Tamilnadu Pollution Control ... on 18 August, 2017
        

 
	IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:18.08.2017

Coram
							
THE HONOURABLE Mr. JUSTICE M.VENUGOPAL
			      AND
	     THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU

W.P.No.9049 of 2010 and 
M.P.No.1 of 2010

P.Periyasamy
President of Pappini Panchayat,
Kulathupalayam
Pa.Pachapalayam Post,
Kangayam Taluk,
Tiruppur District 				   	.. Petitioner

Vs.

1. Tamilnadu Pollution Control Board,
    Rep. By its Member Secretary,
    Anna Salai, Chennai  32

2. The District Environmental Engineer,
     Tamilnadu Pollution Control Board,
      Perundurai, Erode District

3. The District Collector,
    Tiruppur District, Tiruppur

4. The Revenue Divisional Officer,
    Dharapuram, Thiruppur District

5. Arumugam
6. S.Mohanavalli
7. P.Arjunan
8. M.Jagan			        		..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus by directing the Respondents 1 to 4 to take action against the Respondents 5 to 8 for causing Air Pollution in the process of burning of coconut shells in their industry, by exercising the power conferred under Sections 21 and 22 of the Air (Prevention and  Pollution Control) Act, 1981 or under Section 133 of Crl.P.C., or under any other law time being in force. 
	For Petitioner 	: Mr.S.J.Mohammed Sathik

	For Respondents	: Mrs.Rita Chandrasekaran for R1 and R2
			  Mr.K.V.Dhanapalan for R3 and R4
			  Special Government Pleader
			  Ms.Vinu Pradha for R5
			 Mr.Muthukumarasamy for R6 and R7
			 No Appearance for R8

O R D E R 

[Order of the Court was made by M.VENUGOPAL, J.] The Petitioner has filed the instant Writ Petition before this Court praying for issuance of Writ of Mandamus by directing the Respondents 1 to 4 to take action against the Respondents 5 to 8 for causing Air Pollution in the process of burning of coconut shells in their industry.

2. According to the 'Status Report' filed by the District Environmental Engineer, Tamilnadu Pollution Control Board, Thiruppur North, at present, all the 19 Charcoal Units are not in operation (inclusive of 4 Units) in the present Writ Petition No.9049 of 2010 filed by the Petitioner seeking issuance of necessary directions to the Respondents 1 to 4 to take action against the Respondent Nos. 5 to 8.

3. Recording the aforesaid fact, the Writ Petition is disposed of, as nothing survives for adjudication. Consequently, connected miscellaneous Petition is closed. No costs.

					  (M.V., J.)      (P.D.A., J.)       						16.08.2017
Index	:Yes / No 
Internet	:Yes / No

Reasoned Order
ssd

To

1. Tamilnadu Pollution Control Board, Rep. By its Member Secretary, Anna Salai, Chennai  32

2. The District Environmental Engineer, Tamilnadu Pollution Control Board, Perundurai, Erode District

3. The District Collector, Tiruppur District, Tiruppur

4. The Revenue Divisional Officer, Dharapuram, Thiruppur District

5. Arumugam

6. S.Mohanavalli

7. P.Arjunan

8. M.Jagan M.VENUGOPAL, J.

and P.D.AUDIKESAVALU, J.

W.P.No.9049 of 2010 and M.P.No.1 of 2010 18.08.2017