1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9873 of 2011 and M.P.Nos.1 and 2 of 2011 PR.Prema : Petitioner Vs. 1.Tamil Nadu Pollution Control Board, Represented by its Chairman, 76, Mount Salai, Guindy, Chennai 600 032. 2.The Assistant Environmental Engineer, Tamil Nadu Pollution Control Board, No.5, Perumal Kovil Street, Geetha Mahal, First Floor, Sivagangai 630 561,Sivagangai Distrcit. 3.Thiru.Kamaraj, Assistant Environmental Engineer, Tamil Nadu Pollution Control Board, No.5, Perumal Koil Street, Geetha Mahal, First Floor, Sivagangai 630 561, Sivagangai Distrcit. 4.The Junior Engineer (Operation and Maintenance), Tamil Nadu Electricity Board, Thiruppathur. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings dated 22.07.2011 made in Proc.No.T16/TNPCB/F.20702/VPM/ORANGE/2008/A-1 issued by the first respondent read with the order dated 22.07.2011 made in Proc.No.T16/TNPCB/F.20702/VPM/ORANGE/2008/EB-1 issued by the first respondent and quash the same and consequently direct the respondents 1 and 2 to permit the petitioner to restart the petitioner's unit M/s.Gokul Blue Metal, with resumption of electricity service connection. For Petitioner : Mr.G.R.Swaminathan For Respondents : Mr.C.Elangovan Standing Counsel ORDER [Order of the Court was made BY M.M.SUNDRESH, J.] Mr.C.Elangovan, learned Standing Counsel, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. This Writ Petition has been filed challenging the order dated 22.07.2011 passed by the first respondent, by which a direction has been issued to close the unit and also a consequential direction to disconnect the electricity service connection. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Mr.G.R.Swaminathan, learned counsel appearing for the petitioner, has submitted that the order impugned has been passed placing reliance upon an inspection report dated 21.07.2011. The learned counsel has further submitted that the order impugned has been passed without issuing a copy of the said inspection report and the impugned order is liable to be set aside, since the same has been passed on a mala fide consideration. Therefore, the learned counsel has submitted that the Writ Petition will have to be allowed. 4. Admittedly, the order impugned is an appealable order and the petitioner has not availed such opportunity. A perusal of the impugned order dated 22.07.2011 would show that certain deficiencies, as pointed out earlier, have not been complied with. The question as to whether the petitioner has complied with the said deficiencies or not cannot be gone into by this Court under Article 226 of the Constitution of India. Further, insofar as the mala fide consideration is concerned, the impugned order has been passed by the first respondent and not by the third respondent. Therefore, we are of the view that the Writ Petition is liable to be dismissed. 5. In the result, the Writ Petition stands dismissed. However, the petitioner is given two weeks time, from the date of receipt of a copy of this order, to file an appeal before the Appellate Authority. It is made clear that as and when such an appeal is filed by the petitioner within the time stipulated in this order, the Appellate Authority shall consider the same and pass appropriate orders on merits and in accordance with law without reference to the observations made in this order. It is made clear that we have not expressed any opinion on the merits of the case. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To 1.The Chairman,Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy,Chennai 600 032. 2.The Assistant Environmental Engineer, Tamil Nadu Pollution Control Board, No.5, Perumal Kovil Street, Geetha Mahal, First Floor,Sivagangai 630 561,Sivagangai Distrcit. 3.The Junior Engineer (Operation and Maintenance), Tamil Nadu Electricity Board,Thiruppathur. Copy to: The Section Officer, Writ Section, Madurai Bench of Madras High Court,Madurai. +1CC TO Mr.G.R.Swaminathan, Advocate SR.No.29696 ORDER MADE IN W.P.(MD).No.9873 of 2011 30.08.2011 NB PA/30.08.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/