IN THE HIGH COURT OF JUDICATURE AT MADRAS
				    DATED : 16.03.2018		

CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE ABDUL QUDDHOSE

W.P.No.5593 of 2018

D.Selvavinayagam						.. Petitioner 

Vs

1   The Chairman                           
     Tamilnadu Pollution Control Board  
     No.76  Mount road  Guindy  
     Chennai 600 032.

2   The Member Secretary
     Tamilnadu Pollution control Board  
     No.76  Mount road  Guindy   
     Chennai- 600 032.

3   The Joint Chief Environment Engineer  
     Tamilnadu Pollution Control Board  
     No.25  Developed plots  
     SIDCO Industrial Estates  
     Thuvakudy  Trichy- 620 015.

4   The District Enviroment Engineer  
     Tamilnadu Pollution Control Board  
     Plot No.A3  SIPCOT  Industrial Complex  
     Kudikadu  Cuddalore- 607 005.

5   The Managing Director
     SIPCOT  No.19A  Rukmani Lakshmipathy road  
     Egmore  Chennai- 600 008.

6   M/s. Strides Shasun  Pharmaceuticals Ltd.  
     rep by its Director (Operation and EHS)
     3rd and 4th floor  Batra Centre  
     28 Sardar Patel Road  Guindy  Chennai- 600 032.

7    M/s. Strides Shasun Pharmaceuticals Ltd.
      rep by its Managing Director 
      Opp. IIMB. Bannerghatta Main Road  
      Vivekahalli,  Bangalore  
      Karnataka State  560076.				.. Respondents 

PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents 1 to 5 to close down the 6th and 7th respondents Industry viz. M/s. Strides Shasun Pharmaceuticals Ltd. at SF.Nos.167, 168,  Plot No.A1/A, A1/B, A1/C,  A2/B,  A2/C, A2/D and C8-3/C and C8-3/A SIPCOT Industrial Complex, Kudikadu Village, Cuddalore - 607 005.


For Petitioner 

:
Mr.A.K.Kumarasamy
Senior Counsel 
for Mr.M.V.Venkataseshan

For Respondents
:
Mrs.Rita Chandrasekar
for respondents 1 to 4

Mr.A.L.Somayaji
Senior Counsel 
for Mr.S.Sai Sathyajith
for respondents 6 and 7 



ORDER

(Made by Ms.Indira Banerjee, Chief Justice) This writ petition has been filed seeking a writ of mandamus directing the Respondent Nos.1 to 5 to close down the industry viz. M/s.Strides Shasun Pharmaceuticals Limited at SF.Nos.167, 168, Plot No.A1/A, A1/B, A1/C, A2/B, A2/C, A2/D and C8-3/C and C8-3/A SIPCOT Industrial Complex, Kudikadu Village, Cuddalore - 607 005.

2. It is the case of the petitioner that the industry run by the Respondent Nos.6 and 7 is a highly polluting industry and there is no extension of the consent order to run the industry and it is operating without a consent order.

3. It, however, appears that the Tamil Nadu Pollution Control Board had issued orders renewing consent till the period ending 31.3.2019, vide (i) Consent Order No.170814647843, dated 7.8.2017 under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974; and (ii) Consent Order No.170824647843, dated 7.8.2017 under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. We are also informed that the industry has been operating since 1991.

4. The learned counsel appearing on behalf of the Tamil Nadu Pollution Control Board submits that all the consent orders are duly put up on the website of the Tamil Nadu Pollution Control Board and any one can look into these orders.

5. The writ petition is not entertained and the same is dismissed. The Tamil Nadu Pollution Control Board shall, however, continue to monitor the running of the industry and ensure that pollutants are not discharged as alleged in the writ petition. This, however, is not to be construed as any finding of this Court that the industry is actually causing pollution. No costs. Consequently, W.M.P.No.6925 of 2018 is closed.

(I.B., CJ.)           (A.Q., J.)
													                 16.03.2018   
Index		:	Yes/No
Internet	:	Yes
sasi





THE HON'BLE CHIEF JUSTICE
AND
ABDUL QUDDHOSE.J

(sasi)


















W.P.No.5593 of 2018


















16.03.2018