1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD) No.12335 of 2011 and M.P.(MD).No.1 of 2011 S.P.Muthuraman ... Petitioner Vs. 1.The Secretary, Environment & Forest Department, Government of Tamil Nadu, Secretariar, Chennai - 600 009. 2.The Member-Secretary, Tamil Nadu State Level Environment Impact Assessment Authortiy, 4-D, Panagal Maligai, No.1, Jeenis Road, Saidepet, Chennai-15. 3.The Director, Environment Department Ground Floor, Panagal Maligai, Saidapet, Chennai -15. 4.The Member - Secretary, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai - 32. 5.The District Collector, Tirunelveli District, Tirunelveli - 627 009. 6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli District, Pettai, Tirunelveli-10. 7.The Managing Director, M/s.Subburaj (Papers) Thermal Power Plant, Elanthagulam, Mukkudal Sinngamparai Post, Tirunelveli District-627 001. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct respondents 2, 3, 4 & 6 to take appropriate legal action against the https://hcservices.ecourts.gov.in/hcservices/ 2 7th respondent as contemplated under the Environmental (Protection) Rules 1986 and Notification issued there and Water and Air (Prevention and Control of Pollution) Act for generating Thermal Power at Ilanthaikulam Mukkudal, Tirunelveli District and pass 'praecipe' against the respondents 2, 3, 4 & 6 for not taking any action legally. For petitioner .. Mr.P.Malini For respondents 1 to 3 & 5 .. Mr.R.Anandaraj, Government Advocate For respondents 4 & 6 .. Mr.C.Elaman For 7th respondent .. Mr.AL.Somayaji, Senior Counsel for Mr.V.Perumal ORDER (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with this petition seeking for the relief of a direction to the respondents 2, 3, 4 & 6 to take appropriate legal action against the 7th respondent as contemplated under the Environmental (Protection) Rules 1986 and notification issued thereunder and Water and Air (Prevention and Control of Pollution) Act for generating Thermal Power at Elanthaikulam, Mukkudal, Tirunelveli District and pass 'praecipe' against the respondents 2, 3, 4 & 6 for not taking any action legally. 2.The learned counsel for the petitioner would submit that the seventh respondent is running Thermal Power Plant without obtaining proper permission and consent from the Tamil Nadu Pollution Control Board. It is contended that a complaint was preferred and in pursuance of the said complaint, the sixth respondent herein sent a communication, dated 23.05.2011, to the Member Secretary, Tamil Nadu Pollution Control Board, Chennai viz., the 4th respondent herein, requesting to take necessary action by issuing direction for closure under Section 31-A and 33-A of the Air and Water (P&CP) Acts by disconnection of power supply to the unit along with the direction not to operate the power plant without consent and environmental clearance. It is contended that inspite of such recommendations, the seventh respondent is running the Unit. 3.Per contra, Mr.Somayaji, learned senior counsel appearing for the seventh respondent would submit that the Thermal Power Plant stopped its operation from 26.09.2011. It is further submitted by the learned senior counsel that the seventh respondent also undertakes not to operate the Thermal Power Plant till the date of obtaining the environmental clearance and consent from the Pollution Control Board and the Central Government. 4.We have carefully considered the rival submissions put forward by on either side and also perused the materials available on record. 5.It is seen that the grievance of the petitioner is that inspite of a recommendation given by the sixth respondent to the https://hcservices.ecourts.gov.in/hcservices/ 3 fourth respondent to take necessary action for closure of the Thermal Power Plant, the seventh respondent Unit is continuing its operation. However, the learned senior counsel appearing for the seventh respondent has categorically submitted before this Court that the seventh respondent has stopped its Thermal Power Plant operation from 26.09.2011 and it is further stated that the seventh respondent unit undertakes not to operate the plant till the issue of environmental clearance certificate and consent from the Pollution Control Board and the Central Government. We are of the considered view that it is suffice to record the said statement and dispose of the writ petition. Accordingly, recording the above statement, the writ petition is hereby disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To: 1.The Secretary, Environment & Forest Department, Government of Tamil Nadu, Secretariar, Chennai - 600 009. 2.The Member-Secretary, Tamil Nadu State Level Environment Impact Assessment Authortiy, 4-D, Panagal Maligai, No.1, Jeenis Road, Saidepet, Chennai-15. 3.The Director, Environment Department Ground Floor, Panagal Maligai, Saidapet, Chennai -15. 4.The Member - Secretary, Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai - 32. 5.The District Collector, Tirunelveli District, Tirunelveli - 627 009. 6.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli District, Pettai, Tirunelveli-10. +1cc to Mr.V.Perumal, Advocate Sr.No.37189 gcg ssk/16.11.2011 /8c-3p/- Order in W.P.(MD)No.12335 of 2011 31.10.2011 https://hcservices.ecourts.gov.in/hcservices/