IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 1.9.2009 CORAM THE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HON'BLE MR.JUSTICE N.KIRUBAKARAN Writ Petition No.12992 of 2009 A.C.Raji, Proprietor M/S. Velmurugan Saw Mill Salem District. .. Petitioner Vs. 1. The Chairman Tamil Nadu Pollution Control Board No.76, Mount Road Guindy Chennai 600 032. 2. The District Environmental Engineer Tamil Nadu Pollution Control Board Salem Salem District. 3. The Superintending Engineer Tamil Nadu Electricity Board Electricity Distribution Circle Salem. 4. Obli Chettiar .. Respondents (R4 impleaded as per the instruction of the Court on 14.7.2009.) Petition under Article 226 of the Constitution of India praying for a writ of Mandamus for the relief as stated therein. For Petitioner : Mr.P.Mani For Respondents 1&2 : Mr.Ramanlal For Respondent-4 : Mr.D.Veerasekaran https://hcservices.ecourts.gov.in/hcservices/ O R D E R (Made by S.J.MUKHOPADHAYA,J.) The writ petition has been preferred by the petitioner for direction on the second respondent to consider his representation dated 15/16.4.2009 to carry out resurvey of the noise level in his saw mill (M/s. Velmurugan Saw Mill) at D.No.16/2-58, Kandasamy Nagar, Samrajpet, Mecheri, Salem District. 2. The learned counsel appearing on behalf of the Pollution Control Board submits that an appeal has already been preferred by the petitioner against the earlier order. But, according to the learned counsel for the petitioner, corrective measures having been taken, it has been requested to resurvey the noise level of the petitioner's saw mill. 3. On hearing the parties and from a perusal of the writ petition, it appears that all steps were taken by the petitioner, pursuant to the complaint made by the fourth respondent. Hence, this Court is of the view that if resurvey of noise level has to be conducted by the Pollution Control Board, it should be conducted in the presence of the fourth respondent. The case is accordingly remitted with a direction to respondents 1 and 2 to carry out resurvey of noise level of petitioner's saw mill, if the petitioner deposits requisite fee for carrying out such resurvey. If power supply is to be restored, the petitioner may approach the Electricity Board for temporary power supply for the purpose of carrying out resurvey of the noise level. The competent authority of the Pollution Control Board will provide date and time of resurvey of noise level to both the petitioner and the fourth respondent, after deposit of the requisite fee and complete the process preferably by one month from the date of receipt/production of a copy of this order, subject to the payment of prescribed fee. The writ petition stands disposed of with the aforesaid observation. There shall be no order as to costs. kpl Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Chairman Tamil Nadu Pollution Control Board No.76, Mount Road Guindy Chennai 600 032. 2. The District Environmental Engineer Tamil Nadu Pollution Control Board Salem Salem District. 3. The Superintending Engineer Tamil Nadu Electricity Board Electricity Distribution Circle Salem. + 1 cc to Mr. R.Ramanlaal, Advocate SR.43923 + 1 cc to Mr. P. Mani, Advocate CC SR.43662 + 1 cc to Mr. D. Veersekaran, Advocate CC SR.4391. W.P.No.12992 of 2009. KPL(CO) EU 10.09.2009. https://hcservices.ecourts.gov.in/hcservices/