IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.M.SUNDRESH

W.P.Nos.15076 and 16491 of 2010

Manimalar Food Product Private Limited
Rep. by its Managing Director, 
P.Arumugammani.			.. Petitioner in both WPs

-vs-

1.The Panchayat Union Commissioner,
   Avinasi, Avinasi Taluk, Tiruppur District.

2.The President / Executive Authority,
   Vettuvapalayam Village Panchayat,
   Avinasi Taluk,  Tiruppur District.		.. Respondents 1 & 2
					    in both WPs.

3.The Superintending Engineer,
   Tiruppur  Electricity Distribution Circle,
   Tamil Nadu Electricity Board, Tiruppur.	.. 3rd Respondent in
					   WP.15076/2010

4.The Chairman,
   Tamil Nadu Pollution Control Board,
   Chennai.
   (R-4 suo motu impleaded as per final
    order of Court dated today in WP)		.. 4th Respondent in
					   WP.15076/2010 &
					   3rd respondent in
					   WP.16491/2010.

	Petitions filed under Section 226 of the Constitution of India praying for issue of Writ of Certiorari (i) to call for the records relating to the Notice dated 28.04.2010 and the consequential Memorandum of Proceedings dated 07.06.2010 both on the file of the 2nd respondent, quash the same and (ii) to call for the records relating to the Notice in Na.Ka.No.914/2010/Aa2 dated 14.06.2010 on the file of the 1st respondent and quash the same.

	For Petitioner	: Mr.S.Doraisamy

	For Respondents	: Mr.S.T.S.Moorthy,
			  Govt. Pleader for R-1
			: Mr.V.Anandamoorthy for R-2
			: Mrs.Rita Chandrasekaran for R-4 in
		               WP.15076/2010 & R-3 in WP.16491/2010
			: No appearance for R-3 in WP.15076/10
* * * * *

COMMON ORDER

(Order of the Court was made by The Hon'ble Chief Justice)

	These petitions have been filed by the petitioner, who was impleaded as 4th respondent in the P.I.L. - WP.No.12718 of 2010, which has been disposed of by us today.  W.P.No.15076 of 2010 has been filed seeking to assail the notice dated 28.04.2010 and the consequential memorandum of proceedings dated 07.06.2010 issued by the second respondent / Vettuvapalayam Village Panchayat, qua the packaged drinking water plant set up by the petitioner, requiring the petitioner to obtain permission under section 160 of the Tamil Nadu Panchayat Act, 1994 and till then to cease the operations. W.P.No.16491 of 2010 has been filed seeking to assail the consequential order dated 14.06.2010 in view of non-compliance by the petitioner. Interim orders were passed on 13.07.2010 and 27.07.2010, respectively, which are still operating.

	2.The Tamil Nadu Pollution Control Board has not been made a party, but the learned standing counsel is present in Court and we implead the said entity as 4th respondent in WP.No.15076 of 2010 and 3rd respondent in WP.No.16491 of 2010. Memo of parties be amended accordingly.

	3.Learned counsel for the 4th respondent States that the issue of setting up of units of packaged drinking water is in the larger context before the National Green Tribunal in Suo Motu Application No.40 of 2013, where orders have been passed on 08.01.2014 qua 252 units directing the Tamil Nadu Pollution Control Board to carry out individual exercise to verify whether the units have obtained No Objection certificate from the Board and licence from the Food, Health and Safety Department. It is further pointed out that on 20.01.2014, TNPCB has already issued proceedings in exercise of power under section 33 A of  Water (Prevention and Control of Pollution) Act, 1974, for immediate stoppage, but apparently the petitioner-Unit has been running under the protection of the interim order passed by this Court.

	4.It is trite to say that the dual conditions mentioned by the learned counsel for the 4th respondent, as aforesaid, must be met and until it is so, the unit cannot run.


	5.We, thus, direct the petitioner to comply with Board Proceedings dated 20.01.2014 to run the unit after obtaining exquisite permission. The larger issue, in any case, will be monitored by the National Green Tribunal, as is being done at present. 

	6.Writ petitions, accordingly, disposed of. The interim orders in both the petitions stand vacated.

(S.K.K., CJ.)   (M.M.S, J.)
11.03.2015        
Index	: Yes/No
Internet	: Yes/No

Note: Registry to carry out
         necessary amendments.

sra

To

1.The Panchayat Union Commissioner,
   Avinasi, Avinasi Taluk, Tiruppur District.

2.The President / Executive Authority,
   Vettuvapalayam Village Panchayat,
   Avinasi Taluk,  Tiruppur District.

3.The Superintending Engineer,
   Tiruppur  Electricity Distribution Circle,
   Tamil Nadu Electricity Board, Tiruppur.

4.The Chairman,
   Tamil Nadu Pollution Control Board,
   Chennai.



The Hon'ble Chief Justice
and             
M.M.Sundresh, J.  

(sra) W.P.Nos.15076 and 16491 of 2010 11.03.2015