1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.7867 of 2011 T.K.Shrinivasan :Petitioner -Vs- 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Chairman, Tamilnadu Pollution Control Board, Guindy, Chennai. 3.The District Environmental Engineer, Tamilnadu Pollution Control Board, Tirunelveli District, Tirunelveli. 4.The Superintendent of Police,Tirunelveli District,Tirunelveli. 5.M/s.V.R.Blue Metal, rep.through its Owner Kosalaiammmal, W/o.Chinnasamy Naicker, Goapalakrishnapuram, Sankarankovil Taluk, Tirunelveli District. :Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the respondents 1 to 4 to take appropriate action and prevent pollution caused by the 5th respondent quarry, in Survey No.1035/1, 1063/1,2, 1064/1,2,3,4, and 1065/3A, 3B and thereby protect the agricultural land at Sevalkulam Village, Sankarankovil Taluk, Tirunelveli District. For Petitioner : Mr.K.Prabhu For Respondents 1 & 4 : Mr.R.Anandharaj,Government Advocate. For Respondents 2 & 3 : Mr.C.Elaman For Respondent-5 : Mr.V.Sanjeevi ORDER [Order of the Court was made K.N.BASHA, J] The petitioner has come forward with this writ petition seeking for a direction to respondents 1 to 4 to take appropriate action and prevent pollution caused by the 5th respondent quarry, in Survey No.1035/1, 1063/1,2, 1064/1,2,3,4, and 1065/3A, 3B and thereby protect the agricultural lands at Sevalkulam Village, Sankarankovil Taluk, Tirunelveli District. 2.Learned counsel for the petitioner would contend that the petitioner has come forward with this writ petition as a Public Interest Litigation It is contended that the 5th respondent is running a stone quarrying unit in the name and style of "M/s.V.R.Blue Metal" in Survey No.1035/1, 1063/1,2, 1064/1,2,3,4, and 1065/3A, 3B at Sevealkulam Village, Sankarankovil Taluk, Tirunelveli District. It is further contended that the said Unit has not obtained prior consent from the Pollution Control Board. It is submitted that the industry is crushing stones and the dust coming out of such crushing forms a layer over the crops standing in the nearby agricultural lands and thereby causing destruction of crops. Therefore, it is contended that the petitioner has preferred representations on 13.01.2011 and 20.01.2011 to the respondents 1 to 4 but, no action has been taken till date and as such the petitioner has been constrained to approach this Court with this petition, with the aforesaid relief. 3.Mr.V.Sanjeevi, the learned counsel appearing for the 5th respondent, would submit that even before filing of this writ petition, the operations in the 5th respondent Crushing Unit was stopped. It is further contended that the Pollution Control Board is entitled to inspect the premises of the 5th respondent Unit and if there is any contravention, they are entitled to take action, in the manner known to law. It is further submitted that if https://hcservices.ecourts.gov.in/hcservices/ 2 any deficiency is pointed out by the authorities, the 5th respondent hereby undertakes that she would rectify the same and thereafter only they will commence the stone crushing activities. It is further submitted that seeking renewal of consent to run the industry, the 5th respondent has already approached the Tamil Nadu Pollution Control Board, on 16.11.2011 and, therefore, the same may be directed to be considered by the Pollution Control Board authorities, as per law, within a time frame. 4.The learned counsel appearing for the Tamil Nadu Pollution Control Board, namely respondents 2 and 3, would submit that, as on date, the renewal application sent by the 5th respondent is under the consideration of the authorities. It is further submitted that the officials of the Tamil Nadu Pollution Control Board would inspect the 5th respondent's Unit and take appropriate action in the manner known to law. 5.We have carefully considered the submissions made by the counsel on either side and perused the materials available on record. 6.The grievance of the petitioner is that the 5th respondent is running a Stone Crushing Unit in Survey No.1035/1, 1063/1,2, 1064/1,2,3,4, and 1065/3A, 3B at Sevalkulam Village, Sankarankovil Taluk, Tirunelveli District, without obtaining the consent of the Tamil Nadu Pollution Control Board, thereby causing air pollution, which destructs the standing crops in the nearby agricultural lands. It is categorically stated before this Court by the learned counsel for the 5th respondent that the operations of crushing stones in the 5th respondent Unit was already stopped. It is also brought to the notice of this Court that the 5th respondent has already preferred an application on 16.11.2011, to the Tamil Nadu Pollution Control Board Authorities seeking renewal of consent for operating the Unit and the same is pending consideration. It is further submitted that it is open to the Pollution Control Board Authorities to inspect the premises of the 5th respondent and if they point out any deficiency or any defect, they undertake to rectify the same. 7.In view of the above, while recording the above statement made by the learned counsel for the 5th respondent, we direct the Tamil Nadu Pollution Control Board Authorities to take immediate steps to inspect the 5th respondent's premises and if they found out any deficiency or defect or any act of causing pollution, they shall issue appropriate notice directing the 5th respondent to rectify the same. It is further made clear that the Pollution Control Board shall consider the renewal application, dated 16.11.2011, in the manner known to law, as expeditiously as possible. 8.With the above direction, the writ petition stands disposed of. NO costs. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To:1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Chairman,Tamilnadu Pollution Control Board,Guindy, Chennai. 3.The District Environmental Engineer, Tamilnadu Pollution Control Board, Tirunelveli District, Tirunelveli. 4.The Superintendent of Police,Tirunelveli District, Tirunelveli. +1CC to The Special Government Pleader. SR.No.44593. RP/02.01.2012/2P/6C. Order in W.P.(MD)No.7867/2011. https://hcservices.ecourts.gov.in/hcservices/