1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.7788 of 2011 and M.P.No.1 of 2011 Y.Rajan Proprietor, Sakthi Matha Cashew Co., Mankarai Post, Palloor (via), Kanyakumari District : Petitioner Vs. 1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai. 2.The Environmental Engineer, Tamil Nadu Pollution Control Board, Nagercoil, Kanyakumari District. 3.The Assistant Engineer, Tamil Nadu Electricity Board, Killiyoor, Tholayavathi, Kanyakumari District. 4.The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Pudhukkadai, Kanyakumari District. : 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 pertaining to the impugned order passed by the first respondent in No.T16/TNPCB/4831/KK/OS/Comp/2011-1, dated 09.05.2011 and quash the same and direct the respondents to restore the electricity connection to the petitioner's unit namely Sakthi Matha Cashew Company. For Petitioner : Mr.R.Nandakumar For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] As against the impugned order passed by the first respondent dated 09.05.2011 under Section 33-A of the Air (Prevention and Control of Pollution) Act, 1974, an appeal lies to the Appellate Authority. https://hcservices.ecourts.gov.in/hcservices/ 2 2. In such view of the matter, giving liberty to the petitioner to file an appeal before the Appellate Authority, the Writ Petition stands dismissed. It is made clear that if such an appeal is filed before the Appellate Authority within a period of ten days from the date of receipt of a copy of this order, the Appellate Authority shall receive the same and decide the issue on merits and in accordance with law as expeditiously as possible and in any event, within a period of three months from the date of receipt of appeal from the petitioner. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To 1.The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai. 2.The Environmental Engineer, Tamil Nadu Pollution Control Board, Nagercoil, Kanyakumari District. 3.The Assistant Engineer, Tamil Nadu Electricity Board, Killiyoor, Tholayavathi, Kanyakumari District. 4.The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Pudhukkadai, Kanyakumari District. +1cc to Special Government Pleader, SR.No.27283 +1cc to Mr.R.Nandakumar, Advocate, SR.No.27148 NB GH : 18.08.2011 : 2p/7c ORDER MADE IN W.P.(MD).No.7788 of 2011 10.08.2011 https://hcservices.ecourts.gov.in/hcservices/