IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :  21.07.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE M.SUNDAR

W.P.No.18111 of 2017

J.Prabahar							.. Petitioner
					
vs.

1.The Chairman,
   Tamil Nadu Pollution Control Board,
   No.76, Anna Salai,
   Guindy, Chennai.

2.The District Collector,
   Salem District,
   Salem.

3.The Chief Engineer,
   Mettur Thermal Power Station-1,
   Mettur Dam  636 406,
   Salem District.					.. Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to remove the wet fly ash stagnated in the lake which is situated in the 3rd respondent Mettur Thermal Power Station based on petitioner's representation dated 22.03.2017 within the stipulated time may be fixed by this Hon'ble Court.


For Petitioner
:
Mr.R.Murugabharathi

For Respondents
:
Mr.M.K.Subramanian
Government Pleader
for respondents 1 to 3



ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed seeking a writ in the nature of mandamus directing the respondents to remove the wet fly ash stagnated in the lake within the premises of Mettur Thermal Power Station.

2. The petitioner has efficacious remedy under Section 14 of the National Green Tribunal Act, 2010. The grievance is under the Water (Prevention and Control of Pollution) Act, 1974 as also Air (Prevention and Control of Pollution) Act, 1981, which are within the domain of the National Green Tribunal constituted under the provisions of the said Act.

3. We need not entertain the writ petition. However, this writ petition may be transferred to the Southern Bench of the National Green Tribunal, Chennai. In the mean while, the respondent authorities and in particular the Chairman, Tamil Nadu Pollution Control Board shall ensure that there is no breach of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 as also Air (Prevention and Control of Pollution) Act, 1981.

(I.B., CJ.)           (M.S., J.)
													             21.07.2017   
Index	:	No
Internet	:	Yes
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To:

1.The Chairman,
   Tamil Nadu Pollution Control Board,
   No.76, Anna Salai,
   Guindy, Chennai.

2.The District Collector,
   Salem District,
   Salem.

3.The Chief Engineer,
   Mettur Thermal Power Station-1,
   Mettur Dam  636 406,
   Salem District.
THE HON'BLE CHIEF JUSTICE
AND
M.SUNDAR, J.

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W.P.No.18111 of 2017














21.07.2017