1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.4615 of 2011 M/s.Meenakshi Plastics Proprietor Mr.D.Veeramuthu No.11, Perumal Melaratha Street Tirunelveli Junction Tirunelveli : Petitioner Vs 1. The Chairman Tamil Nadu Pollution Control Board 76, Anna Salai Guindy Chennai – 600 032 2. The District Environment Engineer The District Pollution Control Board Tirunelveli 3. The District Collector Tirunelveli District Collector Tirunelveli 4. The Commissioner Corporation of Tirunelveli Tirunelveli 5. The Sanitary Inspector Thachanallur Ward Tirunelveli Municipal Corporation Tirunelveli : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd and 4th respondents to consider the representation of the petitioner, dated 09.03.2011 in accordance with law within time stipulated by this Court and direct the respondents to return the goods seized on 20.01.2011 to the petitioner. For Petitioner : Mr.M.Aravind Subramanian For RR 1 to 3 : Mr.K.Balasubramanian Additional Government Pleader For RR 4 & 5 : Mr.S.P.Maharaja O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 3. Mr.S.P.Maharaja, learned counsel takes notice on behalf of the respondents 4 & 5. By consent of all the sides, the Writ Petition is taken up for final hearing. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioner who is a Proprietor of the Plastic shop, is aggrieved against the seizure of plastic goods by the fourth respondent. He would only contend that his materials are above 20 Microns and it is well in accordance with the Regulations of the Pollution Control and therefore, the seizure itself is illegal. Even otherwise, he has already made a detailed representation to the authorities concerned putting forward his contention that the materials are above 20 Microns. But in spite of his representation, it has not been considered, as the materials had already been seized and that too without any notice. Hence, he seeks a limited prayer for a direction to consider the representation of the petitioner, dated 09.03.2011 and pass orders in so far as relating to the releasing of the materials seized. 3. At the time of admission, the learned Additional Government Pleader appearing for the respondents would submit that the fourth respondent is the competent authority to consider the representation. Hence, he may request the Court to issue a direction to the fourth respondent. 4. At the time of admission, the learned counsel appearing for the respondents 4 & 5 would submit that they have seized the materials as the petitioner did not confirm to the Pollution Control Standards. He would further submit that as far as the representation is concerned, they are prepared to consider the representation and pass orders. 5. Heard all the parties. 6. The petitioner now only restricts his claim to direct the authorities to consider his representation. His main contention is that the materials which has been seized by the authorities is well within the limits permitted by the Pollution Control, for which, he has already made a representation, dated 09.03.2011 and to return the products as it is kept there and it will loose its value. 7. Considering the limited request of the petitioner, it is always open to the petitioner to satisfy the authority concerned, namely, the fourth respondent, whether the materials is within the prescribed limits of the Tamil Nadu Pollution Control. This Court, without going into the merits of the representation, is constrained to direct the fourth respondent to consider the representation submitted by the petitioner dated 09.03.2011 and pass orders on merits and in accordance with law within a period of one month from the date of receipt of a copy of this order. 8. With the above said direction, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (P & A) /True copy/ Sub Assistant Registrar(C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Chairman Tamil Nadu Pollution Control Board 76, Anna Salai Guindy Chennai – 600 032 2. The District Environment Engineer The District Pollution Control Board Tirunelveli 3. The District Collector Tirunelveli District Collector Tirunelveli 4. The Commissioner Corporation of Tirunelveli Tirunelveli 5. The Sanitary Inspector Thachanallur Ward Tirunelveli Municipal Corporation Tirunelveli +1. CC to M/s S.P.Maharajan, Advocate, sR.NO.14719 +1. CC to the Special Government Pleader , Sr.No.14820 vsg W.P.(MD).No.4615 of 2011 21.04.2011 TR : 06.05.2011 : 3p/8c https://hcservices.ecourts.gov.in/hcservices/