In the High Court of Judicature at Madras 
						
Dated: 11.08.2015

Coram:

The Honourable Mr. SANJAY KISHAN KAUL,  Chief Justice
and 
The Honourable Mr. Justice T.S.SIVAGNANAM
	
Writ Petition No.24727  of 2015
and M.P. No.1 of 2015

S. Selva Rajendran 
Proprietor of M/s.Gnana Soundari Ice Factory 
No.3, T.H.Road, New Washermenpet
Chennai-81.							.. Petitioner 
vs.

1. Government of India           
    Rep. by its Secretary to Government  
    Ministry of Environment and Forest
    New Delhi-3.

2. Central Pollution Control Board 
    Rep. by its Chairman
    New Delhi-32.

3. Tamilnadu Pollution Control Board
    Rep. by its Chairman
    No.76, Mount Salai 
    Guindy,  Chennai-600 032.

4. District Environmental Engineer
    Tamilnadu Pollution Control Board  
    No.950/1,  Poonamallee High Road
    Arumbakkam,  Chennai-106.	 			.. Respondents
					---

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring that (i) S.31-A of the Air (Prevention and Control of Pollution) Act, 1981 is illegal and unenforceable, as the same is in violation of Art.14 and 19(1)(g) of the Constitution of India; and  (ii) the proceedings No. TNPCB/LAW/LA1/ F.31381/CHN/Compl/2009/A-1/dated 30.08.2011 on the file of the 3rd  respondent herein is arbitrary, illegal and in violation of Art.14 and 19(1)(g) of the Constitution of India and consequently direct the respondents 3 and 4 herein to consider the applications of the petitioner resubmitted on 18.3.2011 for consent to operate the ice manufacturing unit of the petitioner herein accordance with law.
					---

		For Petitioner    	:  Mr. V.R. Rajasekaran
		For Respondents   :  Mr. Su. Srinivasan
					   Assistant Solicitor General for R1
					   Mr. D.S. Ekambaram
					   Standing Counsel for R2
					   Mrs. Rita Chandrasekaran
				            Standing Counsel for R3 & R4.	
	   				---

O R D E R

(Made by The Hon'ble The Chief Justice) After making some arguments, learned counsel for the petitioner seeks to withdraw the writ petition.

2. The writ petition is dismissed as withdrawn. No costs. Consequently, M.P. No. 1 of 2015 is also dismissed.

[S.K.K., CJ] [T.S.S., J.] ATR 11th August, 2015.

Copies to;

1. The Secretary to Government Government of India Ministry of Environment and Forest New Delhi-3.

2. The Chairman Central Pollution Control Board New Delhi-32.

3. The Chairman Tamilnadu Pollution Control Board No.76, Mount Salai Guindy, Chennai-600 032.

4. The District Environmental Engineer Tamilnadu Pollution Control Board No.950/1, Poonamallee High Road Arumbakkam, Chennai-106. THE HON'BLE THE CHIEF JUSTICE and T.S.SIVAGNANAM,J.

ATR W.P. No. 24727 of 2015 11.08.2015