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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.
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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