IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.9.2009 Coram: THE HONOURABLE MR. JUSTICE D.MURUGESAN and THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P.No.18869 OF 2009 M/s.Sri Vigneswara Dyeing Mills rep. By its partner Mr.A.Shanmugam .. Appellant vs. 1. The Chairman Tamil Nadu Pollution Control Board Anna Salai, Guindy Chennai-600 032 2. The District Environmental Engineer Tamil Nadu Pollution Control Board D.V.Complex No.155, Nehru Street, Erode-1 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to permit to run the unit and permit to pay the penalty of sum of Rs.4,50,000/- in monthly instalments in the second respondent proceeding Letter No.DEE/TNPCB/ERD/F.0205/RS/2009, dated 17.8.2009. For appellant : Mr.S.Kolandaisamy For respondent : Mr.Ramanlal https://hcservices.ecourts.gov.in/hcservices/ ORDER (The order of the Court was made by D.MURUGESAN,J.) In view of the limited relief sought for in the writ petition, we directed Mr.Ramanlal, the learned counsel appearing for the Tamil Nadu Pollution Control Board, to take notice. 2. The only grievance of the petitioner is that the penalty amount to be remitted by the petitioner could not be paid in one instalment. Hence, the petitioner seeks for payment of the said penalty amount in ten instalments. 3. The learned counsel appearing for the petitioner would rely upon a similar order passed by this Court in W.P.No.9350 of 2008, dated 24.4.2008. 4. In view of the above, we direct the following: The total amount of Rs.4,50,000/- shall be paid by the petitioner towards the penalty in ten equal monthly instalments, first of which shall be payable on or before 30.9.2009 and the subsequent instalments shall be paid on or before the last working day of every month. * On Payment of the first instalment, the petitioner is entitled to run the unit." 5. We make it clear that in the event, the petitioner commits any default of even one instalment, the Tamil Nadu Pollution Control Board is entitled to take action in accordance with law. It is also made clear that the period of the instalments granted in this order shall not be extended for any reason whatsoever. 6. Accordingly, the writ petition is disposed of. No costs. lan Sd/- Asst. Registrar 17.9.2009 As per order made in WP No.18869 of 2009 dt 18.09.2009. Sd/- Asst.Registrar 29.9.09 /True Copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Chairman Tamil Nadu Pollution Control Board Anna Salai, Guindy To be Substituted this Chennai-600 032 order already despatched on 17.9.2009. 2. The District Environmental Engineer Tamil Nadu Pollution Control Board D.V.Complex No.155, Nehru Street, Erode-1 + 1 cc to M/s. R.Ramanlaal, Advocate, SR No.47570 + 1 cc to M/s. S.Kolandasamy, Advocate, SR 47057 W.P.No.18869 OF 2009 AKR (CO) RH (17.9.09) EU 1.10.2009. https://hcservices.ecourts.gov.in/hcservices/