IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.12.2009 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE V. PERIYA KARUPPIAH Writ Petition Nos.13981, 12808, 12821 & 12822 of 2007 Rayapuram Common Effulent Treatment Plant (P) Ltd., Rep. by tis Managing Director S.Britto, At No.5, Vinayagapuram Layout, Rayapuram, Tirupur – 641 601 .. Petitioner in W.P.No.13981/2007 Kallikadu Common Effluent Treatment Plant (P) Ltd., Rep. by its Director, Mr.K.Krishnasamy, S/o Kandasamy S.F.No.158/5, Kallikadu Thottam, K.V.R.nagar, Karuvampalayam, Tiruppur – 641 604 Coimbatore District. ..Petitioner in W.P.No.12808/2007 Arulpuram Common Effluent Treatment Plant (P) Limited, Rep. by its Manager A.V.Senthil Kumar, S/o Veerappa Gounder, S.F.No.133, Kiran Garden, Arulpuram, Tirupur – 641 605 Coimbatore District. ..Petitioner in W.P.No.12821/207 https://hcservices.ecourts.gov.in/hcservices/ Murugampalayam Common Effluent Treatment Company (Pvt.) Ltd., Rep. by tis Director, Mr.B.a.Matheswaran, S/o P.S.Ammaasai, S.F.No.214/1, Erankaattu Thottam, Murugampalayam, Iduvampalayam Post Tiruppur – 641 687 Coimbatore District. ..Petitioner in W.P.No.12822/2007 Vs. 1. The Chairman, Tamil Nadu Pollution Control Board, No.76./100 Anna Salai, Guindy, Chennai – 600 032. 2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirupur, Coimbatore District. .. Respondents in all W.Ps. The writ petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear respondents from closing the remaining member units of the petitioner CETP(P) Ltd., which have paid the fine for the month of January 2007 to March 2007 as per the order of this Court made in W.P.No.29791 of 2003 dated 22.12.2006 instead of taking action against the defaulted unit separately. For Petitioner in W.P.No.13981/2007 : Mr.J.Karunanithi For Petitioners1 in W.P.Nos. 12808, 12821 & 12822/2007 : Mr.K.Raja For Respondents : Mr.Ramanlal for R1 and R2 https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) All these writ petitions have been brought forth seeking the following relief: "To issue a Writ of Mandamus to forbear respondents from closing the remaining member units of the petitioner CETP which have paid the fine for the month of January 2007 to March 2007 as per the order of this Court made in W.P.No.29791 of 2003 dated 22.12.2006 instead of taking action against the defaulted unit separately." 2. The affidavits filed in support of the petitions are perused. The Court heard the learned counsel for the petitioners and also the learned counsel for the respondents. 3. The case of the petitioners is that the petitioners CETP have 25, 12, 17 & 67 units respectively, as its members. To achieve zero discharge system, the petitioners have engaged TWICI and the working was going on for installation of Reverse Osmosis Plant etc. on war footing basis. The Court in W.P.No.29791/2003 dated 22.12.2006 issued a direction to the members of CETP to pay penalty at the rate of 6 paise per liter from the month of January 2007 to March 2007. As per the said order, the members have paid the fine for the discharged quantity for the month of January 2007 to March 2007. While the matter stood thus, there was default committed by some of the units and the respondents are insisting the petitioner CEPT to pay the fine amount for the month of January 2007 to March 2007 for the default units. 4. Now, it is further stated by the petitioners' side that while there was default made by certain members, they may be directed to make independent payment and the other members should not suffer for the default committed by certain members. Under such circumstances, it becomes necessary to issue a direction forbearing the respondents from closing the remaining member units of the petitioner CETP. 5. On 10.4.2007, this Court has passed an interim order wherein it has been clearly observed that it was open for the Board to take action against the defaulting members including the action of closure. 6. The matter is pending for the past two years. On appraisement of the contentions putforth and after looking into averment made in the affidavit, the Court is of the considered https://hcservices.ecourts.gov.in/hcservices/ opinion that when the default has been committed by few of the members, there is no justification on the part of the respondents to take action against all the members and closing the remaining member units of the petitioner CETP. 7. Under such circumstances, this Court is of the considered opinion that it is a fit case to issue a writ of mandamus as prayed for by the petitioners and hence, the relief sought for by the petitioners is granted. Accordingly, the writ petitions stand allowed. However, the above order will not stand in the way of the respondents making collection from the default units. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. vsi To 1. The Chairman, Tamil Nadu Pollution Control Board, No.76./100 Anna Salai, Guindy, Chennai – 600 032. 2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirupur, Coimbatore District. 3 ccs to Mr.K. Raja, Advocate, Sr. 69311, 69313, 69314 1 cc to Mr.J. Karunanithi, Advocate, SR. 69312 4 ccs to mr.aR. Ramanlaal, Advocate, SR. 69037 W.P.Nos.13981, 12808, 12821 & 12822 of 2007 RSI (CO) kk 30/12 https://hcservices.ecourts.gov.in/hcservices/