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

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Madras High Court
A. Latchathipathi vs The Tamilnadu Pollution Control ... on 24 February, 2015
       

  

   

 
 
 In the High Court of Judicature at Madras 
						
Dated: 24.02.2015

Coram:

The Honourable Mr. SANJAY KISHAN KAUL,  Chief Justice
and 
The Honourable Mr. Justice M.M. SUNDRESH
	
Writ Petition No. 7632 of 2009
and M.P.No. 1 of 2009

A. Latchathipathi							.. Petitioner 

vs.

1. The Tamilnadu Pollution Control Board
    rep. by its Member Secretary
    Chennai District, Panagal Maligai
    I Floor, D Wing, No.1, Jennis Road
    Saidapet, Chennai 600 015.

2. Corporation of Chennai
    rep. by its Commissioner
    Ripon Buildings
    Chennai 600 003.

3. The Chennai Metropolitan Development
       Authority
    rep. by its Member Secretary
    Thalamuthu Natrajan Maligai
    Chennai 600 008.

4. Hindu Religious & Charitable Endowments 
      Board, rep. by its Commissioner
    119, Uthamar Gandhi Salai
    Nungambakkam, Chennai 600 034.
5. M/s. Pipare Tubus Fabricare
    Ramakrishna Puram
    Villivakkam, Chennai 600 049.

6. M/s. Sri Balaji Brighteners
    Ramakrishna Puram
    Villivakkam, Chennai 600 049.

7. M/s.Ramacharan Company
    Ramakrishna Puram
    Villivakkam, Chennai 600 049.				.. Respondents
						---				
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct  the  first respondent to issue  directions for closure and stoppage of power supply to all industries in the area including the Fifth,  Sixth and Seventh Respondent Units,  under Section 31A  of the Air (Prevention  and Control of Pollution)  Act, 1981, and direct the first to fourth respondents to proceed against the fifth respondent unit so as to ensure implementation and compliance with the Order 08.05.07 issued by the first respondent and remove the fifth respondent Unit from its present location in the interest of the residents of the area and the public in general.
					---
		For Petitioner    	:  Mr. T. Mohan
		For Respondents   :  Mrs. Rita Chandrasekaran for R1
					   Mr. K. Soundararajan for R2
					   Mr. N. Sampath for R3
					   Mr. S. Kandaswamy 
					   Spl. Govt. Pleader for R4
					   Mr. P. Sivamani for R5
					   No Appearance for R6 & R7.
					---

O R D E R

(Made by The Hon'ble The Chief Justice) In view of the nature of relief claimed, the matter is transferred to the National Green Tribunal, to be listed on 30.03.2015.

2. The petition accordingly stands closed qua proceedings before this Court. No costs. Consequently, M.P. No.1 of 2009 is also closed.

Index : yes/no [S.K.K., CJ] [M.M.S., J.] Internet: yes/no 24th February, 2015. ATR Copies to;

1. The Member Secretary Tamilnadu Pollution Control Board Chennai District, Panagal Maligai I Floor, D Wing, No.1, Jennis Road Saidapet, Chennai 600 015.

2. The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003.

3. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natrajan Maligai Chennai 600 008.

4. The Commissioner Hindu Religious & Charitable Endowments Board 119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034. THE HON'BLE THE CHIEF JUSTICE and M. M. SUNDRESH,J.

ATR W.P. No. 7632 of 2009 24.02.2015