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In the High Court of Judicature at Madras
Dated: 10.03.2015
Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice
and
The Honourable Mr. Justice M.M. SUNDRESH
Writ Petition No. 27218 of 2007
Ms. Vidya Raja .. Petitioner
vs.
1. M/s. Central Institute of Brackish-
water Aquaculture
rep. by its Director
No.75, Santhome High Road
R.A. Puram, Chennai 600 028.
2. The Chairman
Pollution Control Board
Pollution Control Board Buildings
Guindy, Chennai 600032.
3. The Collector
Kancheepuram District
Kancheepuram. .. Respondents
---
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the Tamilnadu Pollution Control Board, the 2nd respondent herein, to exercise its powers under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and issue orders in accordance with law, directing the Central Institute of Brackishwater Aquaculture, the 1st respondent herein, to close down the Muthukadu Experimental Station and all its activities in the Muthukadu back waters.
---
For Petitioner : Ms. C. Uma
For Respondents : Mr. S.T.S. Murthi
Govt. Pleader for R3
Mr. S.R. Sundaram for R1
Mrs. Rita Chandrasekaran for R2
Mr. T. Mohan (Advocate Commissioner).
---
O R D E R
(Made by The Hon'ble The Chief Justice) The petitioner seeks action against the first respondent under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974, on account of the Brackishwater Aquaculture Project and to close down the Muthukadu Experimental Station.
2. Learned counsel appearing for the second respondent initially sought to state that as per the information received by her, the first respondent had ceased to carry out the activities and had put up a training college. However, the learned counsel for the first respondent states that the Experimental Station is still being run.
3. In view of the aforesaid, we direct the second respondent to examine the project of the first respondent to verify whether the first respondent is in breach of any provisions of the said Act or any other law and take action in accordance with law.
4. The needful be done within a maximum period of three months from today.
5. The writ petition accordingly stands disposed of. No costs.
Index : yes/no [S.K.K., CJ] [M.M.S., J.]
Internet: yes/no 10th March, 2015.
ATR
Copies to;
1. The Chairman
Pollution Control Board
Pollution Control Board Buildings
Guindy, Chennai 600032.
2. The Collector
Kancheepuram District
Kancheepuram.
THE HON'BLE THE CHIEF JUSTICE
and
M. M. SUNDRESH,J.
ATR
W.P. No. 27218 of 2007
10.03.2015