1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).Nos.7793 to 7814 and 8162 of 2011 and M.P.Nos.1 and 2 of 2011 in respective Writ Petitions Raja Bright Industries, Rep by its Proprietor, P.Manimaran, 13/4A, N.S.Konar Street, Jaihindpuram, Maduari 11. : Petitioner in WP(MD)NO.7793/2011 M/S. SKB BRIGHT INDUSTRIES REP BY ITS PROPRIETOR K.R.KANNAN, 10, NEW RAMNAD ROAD, MADURAI – 9. .. PETITIONER IN WP(MD)NO.7794/2011 M/S.MEENAKSHI BRIGHT INDUSTRIES REP. BY ITS PROPRIETOR N.ALAGARSAMY .. PETITIONER IN WP(MD)NO.7795/2011 M/S.NEW VINAYAGA ELECTROPLATING WORKS REP. BY ITS PROPRIETOR V.VEERAMUTHU .. PETITIONER IN WP(MD)NO.7796/2011 M/S. LAKSHMI PLATES REP. BY ITS PROPRIETRIX S.SUCHITRA .. PETITIONER IN WP(MD)NO.7797/2011 M/S. SRIDURGAI INDUSTRIES REP. BY ITS PROPRIETOR C.ALAGARSAMY .. PETITIONER IN WP(MD)NO.7798/2011 M/S. SRI MEENAKSHI METAL PROCESSING REP. BY ITS PROPRIETOR P. DHANABALAN .. PETITIONER IN WP(MD)NO.7799/2011 M/S. MOHAN BRIGHT ELECTROPLATING REP. BY ITS PROPRIETOR M.SAHAYARAJ .. PETITIONER IN WP(MD)NO.7800/2011 https://hcservices.ecourts.gov.in/hcservices/ 2 M/S. DIAMOND SPRINGS REP. BY ITS PROPRIETOR G.MURUGAN .. PETITIONER IN WP(MD)NO.7801/2011 M/S. AMUTHA ENGINEERING & THANA VARSHINI ZINC PLATING REP. BY ITS PROPRIETOR T. PASUMPON MUTHURAMALINGAM .. PETITIONER IN WP(MD)NO.7802/2011 M/S. MALLIKA ELECTROPLATING REP. BY ITS PROPRIETOR V.R.SURESH BABU .. PETITIONER IN WP(MD)NO.7803/2011 M/S.BALA MURALI PLATINGS, REP. BY ITS PROPRIETOR R.DAMODHARAN .. PETITIONER IN WP(MD)NO.7804/2011 M/S. RAMYA ELECTROPLATING WORKS REP. BY ITS PROPRIETRIX N.V. VASANTHI .. PETITIONER IN WP(MD)NO.7805/2011 M/S. K.B.ELECTROPLATING REP. BY ITS PROPRIETOR K.BADHUSHA .. PETITIONER IN WP(MD)NO.7806/2011 M/S. MEERA INDUSTRIES REP. BY ITS PROPRIETOR P.ALLIRAJAN .. PETITIONER IN WP(MD)NO.7807/2011 M/S. BSA ELECTROPLATING REP. BY ITS PROPRIETOR M.BADHURTEEN .. PETITIONER IN WP(MD)NO.7808/2011 M/S. SUN BRIGHT INDUSTRIES REP. BY ITS PROPRIETOR S.ARIVALAGAN .. PETITIONER IN WP(MD)NO.7809/2011 M/S. SEKHAR ELECTROPLATING REP. BY ITS PROPRIETOR SEKHAR .. PETITIONER IN WP(MD)NO.7810/2011 M/S. USHA ELECTRO BRIGHTERS REP. BY ITS PROPRIETOR D.SELVAM .. PETITIONER IN WP(MD)NO.7811/2011 M/S. SELVI ELECTROPLATING REP. BY ITS PROPRIETOR P.VISWANATHAN .. PETITIONER IN WP(MD)NO.7812/2011 https://hcservices.ecourts.gov.in/hcservices/ 3 M/S. GANESH INDUSTRIES REP. BY ITS PROPRIETOR G.RAMAKRISHNAN .. PETITIONER IN WP(MD)NO.7813/2011 M/S. SRI AMBAL METAL FINISHERS REP. BY ITS PROPRIETOR K.PONNUSAMY ...PETITIONER IN WP(MD)NO.7814/2011 M/S. SRI ANNAI INDUSTRIES REP. BY ITS PROPRIETOR P.SEKAR .. PETITIONER IN WP(MD)NO.8162/2011 Vs. 1.The Chairman, Tamil Nadu Pollution Control Board, 100 Mount Road, Guindy, Chennai 600 032. 2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kappalur, Madurai. 3.The Superintending Engineer, Tamil Nadu Electricity Board, (Distribution Circle), K.Pudur, Madurai 7. 4.The Junior Engineer (First Grade), (Distribution Circle), Tamil Nadu Electricity Board, Uranganpatti, Madurai 20. ..RESPONDENTS 1 TO 4 IN ALL THE PETITIONS 5. The District Environmental Engineer, Tamilnadu Pollution Control Board, No.5, Perumal Kovil Street, Geetha Mahal, I Floor, Sivagangai, Sivagangai District : 5th RESPONDENT IN WP(MD)8162/2011 PRAYER IN WP(MD)NOS.7793 to 7814/2011 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to dispose of the representation dated 29.04.2011 submitted by the Association namely Electro Platers and Metal Finishers' Association on behalf of the petitioners. WP.No.8162/2011 https://hcservices.ecourts.gov.in/hcservices/ 4 Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 5th respondent to consider the application dated 17.7.2011 submitted by the petition to grant consent order to construct ETP in the petitioner shed which is located at Industrial Park, D.Karisakulam, Sivagangai District. For Petitioners : Mr.Pon Ganesan For Respondents 1&2 : Mr.K.Mahendran Special Government Pleader For Respondents 3&4 : Mr.R.Karthikeyan Additional Government Pleader COMMON ORDER [Common Order of the Court was made BY P.JYOTHIMANI, J] Since a common issue is involved in all these Writ Petitions, they were heard together and they are disposed of by means of this Common Order. 2. Even though these Writ Petitions are filed by the individual persons and the prayer in the Writ Petition is to consider the representation dated 29.04.2011 said to have been given by the Association, viz., Electro Platers and Metal Finishers' Association, such prayer cannot be granted. The learned counsel for the petitioners would submit that, in fact, the petitioners have made individual applications to the Tamil Nadu Pollution Control Board under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 as amended (Central Act 14 of 1981). 3. If such applications are submitted by the petitioners, it is for the first respondent – Tamil Nadu Pollution Control Board to consider the same and pass appropriate orders on merits and in accordance with law. Except making the said observation, no further order is required in these Writ Petitions. Accordingly, these Writ Petitions stand closed. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 5 To 1.The Chairman, Tamil Nadu Pollution Control Board, 100 Mount Road, Guindy, Chennai 600 032. 2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kappalur, Madurai. 3.The Superintending Engineer, Tamil Nadu Electricity Board, (Distribution Circle), K.Pudur, Madurai 7. 4.The Junior Engineer (First Grade), (Distribution Circle), Tamil Nadu Electricity Board, Uranganpatti, Madurai 20. 5. The District Environmental Engineer, Tamilnadu Pollution Control Board, No.5, Perumal Kovil Street, Geetha Mahal, I Floor, Sivagangai, Sivagangai District +1cc to Mr.Pon Ganesan, Advocate, Sr.No.25101 NB SMA/29.7.2011/7C/5P COMMON ORDER MADE IN W.P.(MD).Nos.7793 to 7814 and 8162 of 2011 28.07.2011 https://hcservices.ecourts.gov.in/hcservices/