BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED : 29.07.2016  

CORAM   

THE HONOURABLE MR.JUSTICE M.VENUGOPAL             

W.P(MD)No.13480 of 2016   
and 
WMP(MD)No.10069 of 2016    

Pethakkal                                                               ... Petitioner

Vs 

1.The District Collector,
   Tirunelveli District,
   Tirunelveli.

2.The Pollution Control Board,
   Rep.by its Chairman,
   Guindy, Chennai ? 600 032.

3.The District Environmental Engineer,
   Tamil Nadu Pollution Control Board,
   Tirunelveli.

4.The Additional Director of Geology
   and Mining,
   Tirunelveli,
   Tirunelveli District.

5.The Block Development Officer,
   Sankarankovil,
   Tirunelveli District.

6.Kalappakulam Village Panchayat, 
   Rep.by its President,
   Sankarankovil Taluk,
   Tirunelveli District.

7.The Inspector of Police,
   Sankarankovil Taluk Police Station,
   Sankarankovil,
   Tirunelveli District.

8.Thirumalai Kumarasamy                           ... Respondents        


Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents 1
to 7 to stop the illegal functioning of the brick kiln run by the 8th
respondent in R.S.No.572/3B19A in Kalappakulam Village, Sankarankovil Taluk, 
Tirunelveli District.

!For Petitioners      : Mr.R.J.Karthick
                
For Respondents  : Mr.S.Sadesh Kumar   
                         (R1, 4, 5 & 6)     Addl.Govt.Pleader

                         For Respondent-7 : Mr.S.Chandrasekar  
                                                    Govt.Advocate

:ORDER  

Heard both sides.

2. To Avoid an avoidable delay, Notice to the Eighth Respondent is dispensed with.

3. By consent, the main Writ Petition itself is taken up for final hearing.

4. No counter is filed on behalf of the Respondents.

5. According to the Petitioner, her representation, dated 31.05.2016, addressed to Respondent Nos. 1 to 7, praying for stopping of unlawful construction of brick kiln chamber, considering the fact that the lives of Petitioner and the health must be protected, till date is not yet disposed of by them. Therefore, the Petitioner has filed the present Writ Petition before this Court for passing of necessary orders.

6. The grievance of the Petitioner is that the inaction of the Respondent Nos. 1 to 7, in regard to the representation, dated 31.05.2016, submitted by her suffers from mala fides and as such, this Court is to interfere with the same in the interest of justice.

7. At this stage, the Learned Counsel for the Petitioner submits that for better working and housekeeping in brick kiln industry, brick kiln should be established atleast 2 k.ms., away from residential area and fruit gardens and, as per Emission Standards for Brick kiln, minimum stack height of 22 meters is mandatory for optional dispersion. Furthermore, the Respondent Nos. 2 and 3, viz., Pollution Control Board, Chennai and the District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli, should have seen that the Eighth Respondent brick kiln had not satisfied with the norms prescribed by the National Emissions Standards Notified under the Environmental Protection Act, 1986.

8. Yet another submission made on behalf of the Petitioner is that, in terms of Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, no person shall, without previous consent of the State Board, establish or operates any industrial plant in an air pollution control area and inasmuch as the Respondent Nos.1 to 7 (Public Authorities) in terms of Article 12 of the Constitution of India ought to have passed necessary orders on the representation of the Petitioner, dated 31.05.2016 and stopped the functioning of the brick kiln run by the Eighth Respondent.

9. At this stage, the Learned Counsel for the Petitioner presses into service the order of this Court, dated 23.10.2009 in W.P.No.1064 of 2009, between V.K.Mani v. The Chairman, Tamil Nadu Pollution Control Board, Guindy, Madras ? 32 and two others, whereby and where-under, at paragraph No.7 it is observed as follows:-

?7. The Emission Standards and the guidelines are extracted herein: "74. EMISSION STANDARDS FOR BRICK KILNS:

I. Minimal National Emission Standards for Brick Kilns:

Size Kiln Capacity Maximum limit for the concentration of particulate matter (mg/Ncu.m) Small Less than 15,000 bricks per day (less than 15 ft trench width) Medium 15,000-30,000 bricks per day (15-22 ft trench width) Large More than 30,000 bricks per day (more than 22 ft trench width) Note: The above particulate matter emission limits are achievable by installing fixed chimney high draught kilns and/or settling chamber.

II. Stack Height Regulation:

The following stack heights are recommended for optional dispersion of particulate matter:

Kiln Capacity Stack Height Less than 15,000 brick per day (less than 15 ft trench width) Minimum stack height of 22m or, Induced draught fan operating with minimum draught of 50mm water gauge with 12m stack height 15,000-30,000 brick per day (15-22 ft trench width) Minimum stack height 27m in with gravitational settling chamber or Induced draught fan operating with minimum draught of 50mm water Gauge with 15m stack height More than 30,000 brick per day (more than 22 ft. trench width) Minimum stack height of 30m with gravitational settling chamber or Induced draught fan operating with minimum draught of 50 mm Water III. Existing moving chimney bull's trench kilns shall be dispensed with by the 30th June, 2002 and no new moving chimney kilns shall be allowed to come up:

Provided that only those brick kilns shall be given extension of time who shall furnish affidavits to the concerned authority in the State giving approval for brick kilns to the effect that the prescribed standards shall be complied by them by the 30th June, 2002, and no, further extension of time shall be sought by them:

Provided further that the units shall submit a bank guarantee for the amount specified below, to the respective State Pollution Control Board for completing the conversion within the period so specified and in case of its non-compliance, the amount of bank guarantee shall be fortified:

            - Large scale brick kilns                                    -
Rs.30,000 
            (more than 30,000 bricks per day)
            - Medium scale brick kilns                                 -
Rs.20,000 
            (between 15,000 to 30,000 bricks per day)
            - Small scale brick kilns                                     -
Rs.10,000 
            (less than 15,000 bricks per day)

IV. Considering the immediate need to protect the top soil and to finds ways for safe disposal/utilization of flyash, it is provided that from the 1st January, 1997 all brick manufacturing units within a radius of 50 kms from any thermal power plant, shall utilize flyash in optimal proportion for making bricks.

Guidelines for Better Working and Housekeeping in Brick Kiln Industry These are:

"Maximum Coal feed size should be limited to 10 mm.

Coal feeding cycle should not be more than 20 minutes. Coal feedingshould be done using mechanical feeder as this would ensure more efficient burning of coal and lower the emissions. Brick kiln should be established preferably at least two km away from residential areas and fruit gardens. Installation of brick kiln should not be allowed in sensitive areas as notified by State Pollution Control Boards under National Air Quality Standard. To avoid clustering of brick kilns in a locality, the distance between two kilns should be more than one km. More and more agro industrial wastes should be used to replace clay so as to conserve good quality solid for agricultural purposes. Use of coal with more than 35 percent ash content should be avoided. There is no significant noise pollution from manually operated brick kilns which form the bulk of brick industry. However, there are few semi mechanised brick making plants which generate some noise. Heavy machinery should be mounted on anti- vibration mounting. Regular servising and maintenance of plant and machinery should be ensured. Ear muffs should be used by the workers. The ash layer on the top of kiln should be covered with a layer of fired bricks or special tiles to check disposal of dust and for better thermal insulation which will also reduce discomfort to the workers. Excess ash produced every day should be removed daily to a close by disposal site. A double wall should be constructed around the kiln and the gap should be used to fill the ash produced from the kiln. The brick works should be within covered space as far as possible. To minise generation of fugitive emissions, the passage around the bricks should be paved with fired bricks. A major source of heat loss in the kiln is through steel covers placed over fire holes. These covers are made of single layer steel plate. Thermal insulation should be provided to these covered by making them double walled and packing with asbestos fibres. To improve combustion efficiency and also to reduce source emissions, properly graded coal should be used. The following precautions need to be taken to protect the workers though partially from the effect of heat and high dust pollution prevailing on the brick kilns: Covering of the kiln top with a continuous layer of bricks or tiles. A full face mask is to be provided to workers to protect their eyes, ears and nose. Hand gloves are to be provided to workers to protect their hands from ill effects of coal handling and also from hot flue gases coming out of fire hole during the charging. Special coat/apron and shoes are to be provided to the workers for their protection against these hazards."

10. In response, the Learned Counsel for the Seventh Respondent brings it to the Notice of this Court that the Petitioner's representation, dated 31.05.2016, is pending enquiry, on the file of the Inspector of Police, Sankaran Koil Taluk Police Station, Sankarankoil, Tirunelveli District.

11. Considering the fact that the Petitioner's representation, dated 31.05.2016, is pending on the file of the Respondent Nos.1 to 7, without any progress or significant disposal in the subject matter in issue, at this stage, this Court, without expressing any opinion one way or other about the merits and contents of the representation of the Petitioner, dated 31.05.2016, simpliciter, directs the Respondent Nos. 1 to 7, to look into the representation of the Petitioner, dated 31.05.2016 and to dispose of the same, on merits, by passing a reasoned speaking order (outlining the process of reasoning in a qualitative and quantitative fashion), within a period of six weeks from the date of receipt of a copy of this order.

12. It is needless for this Court to make a pertinent mention that Respondent Nos.1 to 7 shall provide adequate opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice. It is abundantly made clear that if Respondent Nos.1 to 7 seek any copy of records / documents concerned from the Petitioner, then, it is incumbent on the part of the Petitioner to comply with the same before the Respondent Nos. 1 to 7, without any loss of time and thereafter, it is open to the Respondent Nos.1 to 7, to pass necessary order, within the time determined by this Court, as stated supra. Also, the Petitioner is directed to lend her assistance to the Respondent Nos.1 to 7, so as to enable them to do the needful in the subject matter in issue.

13.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

To

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Pollution Control Board, Rep.by its Chairman, Guindy, Chennai ? 600 032.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli.

4.The Additional Director of Geology and Mining, Tirunelveli, Tirunelveli District.

5.The Block Development Officer, Sankarankovil, Tirunelveli District.

6.Kalappakulam Village Panchayat, Rep.by its President, Sankarankovil Taluk, Tirunelveli District.

7.The Inspector of Police, Sankarankovil Taluk Police Station, Sankarankovil, Tirunelveli District.

.