BEFORE THE NATIONAL GREEN TRIBUNAL
                     SOUTHERN ZONE, CHENNAI

                    APPLICATION No. 101 of 2013 (SZ)



In the matter of:

M/s. Dr. S.K. Palanivelu
S/o. K..S. Kuppusamy
Propiretor
M/s. Deivam Blue Metals
NO. 7, Co-operative Colony
Mohanur Road
Namakkal District - 637 015.                            .. Applicant



                                  VERSUS

1. The Member Secretary
   The Tamil Nadu Pollution Control Board
   Rep. by its Chairman
   100, Anna Salai
   Guindy
   Chennai-600 032.

2. The District Environmental Engineer
   Tamil Nadu Pollution Control Board
   Karur - 639 001                                     .. Respondents

Counsel for the applicant:

M/s. R. Karthikeyan and R. Bharanidharan, Advocates Counsel for the respondents:

Smt. Rita Chandrasekar, Advocate for respondents ORDER/JUDGMENT PRESENT:

1 Ho'nble Mr. Justice M. Chockalingam Judicial Member Hon'ble Prof. Dr. R. Nagendran Expert Member Dated: September 03, 2013 Justice M. Chockalingam , Judicial Member

1) This application has been filed before this Tribunal by the applicant praying for direction to the respondents to consider the application of the applicant dated 13.02.2013 for issuance of consent under the Air (Prevention and Pollution Control) Act, 1981 and Water (Prevention and Pollution Control) Act, 1974, for grant of consent for the existing quarry and crusher unit in S.F. No. 1341/1, 1341/2, 1339/1 and 1339/2 of Nagampalli Village, Aravakurichi Taluk, Karur District.

2) When the matter is taken up for hearing, counsel for both parties are present. The counsel for the 1st respondent would submit that the applicant applied for consent to establish and consent to operate his crushing unit on 13.2.2013 and the inspection by the authorities was made on 14.3.2013 and the pendency of the application necessitated the applicant to file this application before this Tribunal and even now the applications are pending for consideration.

3) At the time of admission, it was represented by the Tamil Nadu Pollution Control Board that the Writ Petition in W.P. (MD) No. 1134 of 2011 is pending on the files of the Madurai Bench of the Hon'ble High Court of Madras and the same is connected to the matter in question. It is admitted that the 2 applicant is not a party to the said writ proceedings and the said Writ Application was filed against the previous owner who ceases to have any interest in the unit under question and hence the Tribunal is unable to see any reason why the said Writ Application should be taken up along with this application.

4) Taking into consideration the above situation and also the long pendency of the application filed by the applicant, the Tamil Nadu Pollution Control Board is directed to consider the application of the applicant for Consent to Establish and Consent to Operate on or before 30th September 2013 and pass appropriate orders on merits and in accordance with law. With the above directions, the application is disposed of.

No costs.

Justice M. Chockalingam (Judicial Member) Prof. Dr. R. Nagendran (Expert Member) Chennai 3rd September 2013 3