Madras High Court
M/S Sri Amman Fibre vs The Chairman on 16 June, 2023
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.16492 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. DHANABAL
W.P.No.16492 of 2023 and
WMP No.15832 of 2023
M/s Sri Amman Fibre,
rep. by its Proprietor S.Srikumar,
S.F.No.249/4A, Athani Village,
Sembulichampalayam, Anthiyur,
Erode District. ... Petitioner
Vs.
1. The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Mount Salai, Guindy,
Chennai 600 032.
2. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Plot No.J-2(W), SIPCOT Industrial Growth Centre,
Perundurai 638 052.
Erode District. ... Respondents
Page 1 of 15
https://www.mhc.tn.gov.in/judis
W.P.No.16492 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ Mandamus, forbearing the second respondent from taking any
action in pursuant to the notice issued by the second respondent vide
Proc.No.F.0686/OS/DEE/TNPCB/PND/W/2022 dated 07.12.2022, except in
accordance with law, by considering the reply given by the petitioner dated
16.12.2022.
For Petitioner : Mr.R.Jayaprakash
For Respondents : Mr.R.Shanmugasundaram,
Advocate General,
Assisted by Mrs.Shanmugavalli Sekar,
Standing Counsel
ORDER
(Order of the Court was delivered by D.KRISHNAKUMAR, J.) This writ petition has been filed to forbear the second respondent from taking any action in pursuant to the notice issued by the second respondent vide Proc.No.F.0686/OS/DEE/TNPCB/PND/W/2022 dated 07.12.2022, except in accordance with law, by considering the reply given by the petitioner dated 16.12.2022.
Page 2 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023
2. By consent of both the parties, this writ petition is disposed of today.
3. The petitioner is the proprietor of M/s Sri Amman Fibre, carrying out the business of manufacture of coir products, coir fibre, coconut husk and coco peat products and also exporting coco peat products and for all these products, coconut husk is used as a primary raw materials. The coir unit has been registered with the Ministry of Micro, Small and Medium Enterprises and also received the certificate of Import and Export code and also obtained GST certification for the petitioner's firm. The Ministry of Micro, Small and Medium Enterprises had certified and promoted the coir unit as a non-polluting industry and categorized as white category industry, as the products manufactured in the coir processing industry is treated as eco-friendly products. However, the first respondent has revised the categorization of industries on 10.11.2021and the coir industries have brought under Orange category from white category. Therefore, batch of writ petitions have been filed by various industries, challenging the above order of re-categorization of the coir industries and this Court in Page 3 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 W.P.No.25737, 27182 and 27177 of 2021, has issued order to maintain status-quo.
3.1. While that being so, on 3.12.2022, the officials of the second respondent inspected the Unit premises and subsequently, issued notice dated 07.12.2022, stating that the petitioner's unit has contravened the provisions of Section 25 of the Water (Prevention and Control of Pollution) Act, 1974, as amended in 1988. The petitioner has given a detailed reply on 16.12.2022 to the second respondent. As per the proceedings issued for re- categorization of coir industries by the first respondent, for coconut husk retting/de-fibering/pith processing, it is mandatory to get consent of Tamil Nadu Pollution Control Board under the Water and Air (P & CP) Act, 1974. Though the petitioner is running coir processing, is not carrying out any coconut husk retting, de-fibering, pith processing and hence, the petitioner unit will not be coming under the orange category.
3.2. The water from washing coconut coir is stored in a concrete pit and the same is recycled and reused for wetting of coir fibre and there is no Page 4 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 using of dye in the process. Further, 50,000 litres concrete tank has been constructed to store the waste water and to reuse the same for washing purpose. Also coir pith drying yard about 10,000 sq.ft. area of concrete pavement also constructed and there is no pollution caused and there is no discharge of water in the open land as alleged. Further, the petitioner management is ready to abide with the directions, subject to the outcome of the order passed in the writ petitions with regard to the order of re- categorization of industries dated 10.11.2021. The second respondent, without considering the above mentioned facts, simply based on some fabricated complaint, had conducted inspection in a hurried manner and caused impugned notice threatening to shut down the unit and to stop power supply, while there is no contravention of provisions of Water Act. Hence the writ petition.
4. The first and second respondent have filed counter affidavit stating that based on the frequent complainants received against the coir industries, the Tamil Nadu Pollution Control Board had issued the re-categorization of Coconut husk processing industry (coconut husk retting/de-fibering/pith Page 5 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 processing) from White category into Orange category. The coir manufacturer's association has filed cases including W.P.No.25737/2021, and W.P.No.17188/2021 against the re-categorization order and this Court has granted status quo, vide order dated 20.12.2021 and the writ petitions are still pending.
4.1. On 18.05.2022 , the Tamil Nadu Pollution Control Board has passed circular memo dated 18.05.2022, in which it was clarified that, as per the Status-quo order passed by this Court, the categorization of retting- de-fibering- pith processing units under Orange category has to be maintained until further orders. Therefore, there is no bar to take action against the polluting industries. Hence, the DEEs are requested to inspect all the retting/de-fibering/ pith processing units (wet processing units) and the units shall be insisted to apply and get consent of the TNPCB in Orange Category under Water and Air (Prevent and control Pollution) Act 1981, If any of the units found to be polluting the water bodies, land etc., action to be taken against the units immediately. Such units shall be issued show cause notice following with further course of action including closure and Page 6 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 disconnection of power supply. no unit can be allowed to pollute the environment".
4.2. A complaint was received against the petitioner unit from one S.T.Loganathan and others in respect of dumping or coir pith on R.S.No.84 & 85, Kakachikuttaiyur Athani Village and also washing the coir pith by using stagnant rain water from the Government poromboke abandoned quarry, which causing water and ground water pollution. Therefore, inspection was made on 02.12.2022 and 03.12.2022 and thereafter, show cause notice was issued under the Water and Air (Prevention and Control of Pollution), Act for the reasons stated below.
i) The unit was under operation without valid consent of the Board.
ii) The unit has not provided any Air Pollution Control measures.
c) The Unit has dumped about 200 MT of coconut husk in the nearby barren land of approximately 6 acres.
d) during inspection, it was noticed that the fibre particles in the top surface may be easily carried away due to heavy wind and may create nuisance and dust pollution.
Under the Water Act:
i) The unit was under operation without valid consent of the Board.
ii) The unit has not provided effluent treatment plant Page 7 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023
c) The Unit has dumped about 200 MT of coconut husk in the nearby barren land of approximately 6 acres.
d) the unit uses rain water stored in the abandoned quarry pit by using pumps to wet the coconut husk and the effluent generated from wetting process was discharged through a narrow stream aside of the storage area.
Thereafter, the proprietor of the Unit Mr.S.Srikumar has attended personal hearing on 17.02.2023, during which he has assured to remove the dumped coir pith within two months time period. However, the unit did not remove the dumped coir pith so far. Further, frequent complaints were received against the petitioner unit from Loganathan and others against the continuous dumping of coir pith. Hence, letters dated 15.03.2023 and 26.05.2023 were issued to stop dumping of fresh coir pith on the land in S.No.84 & 85 owned by K-919 Athani Colony Nilakudiyattra Kootturavu Sangam. Therefore, the writ petition is liable to be dismissed.
5. The respondents have filed additional counter affidavit, wherein, they withdrew the paragraph No.15 of the counter affidavit filed earlier. The paragraph No.15 is reproduced as follows.
" It is respectfully submitted that on 18.05.2022 , the Tamil Nadu Pollution Control Board has passed circular memo No.T2/TNPCB/ F.13367/ NGT/ Page 8 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 2021, dated dated 18.05.2022,statomg "In this connection it is clarified that the Hon'ble Court has directed to maintain Status-quo on date, which means that the categorization of retting/de-fibering/ pith processing units under Orange category has to be maintained until further orders. There is no bar to take action against the polluting industries. Hence, the DEEs are requested to inspect all the retting/de-fibering/ pith processing units (wet processing units) in the jurisdiction and the units shall be insisted to apply and get consent of the TNPCB in Orange Category under Water and Air (Prevent and control Pollution) Act 1981, If any of the units found to be polluting the water bodies, land etc., action to be taken against the units immediately. Such units shall be issued show cause notice following with further course of action including closure and disconnection of power supply. no unit can be allowed to pollute the environment".
6. Heard the learned counsel for the petitioner and the learned counsel for the respondents and we have perused the material record.
7. Admittedly, the petitioner unit namely, M/s Sri Amman Fibre is running at S.F.No.249/4A, Athani Village, Sembulichampalayam, Anthiyur Village, Erode District and is manufacturing the coir products, coir fibre coconut husk and coco peat products. Inview of the re-categorization order dated 10.11.2021 passed by the first respondent, changing the coir units from White category to Orange category, the petitioner unit was inspected Page 9 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 and thereafter, impugned show cause notice dated 07.12.2022 was issued under the Water and Air (Prevention and Control of Pollution), Act for the reasons stated below.
i) The unit was in operation without valid consent of the Board.
ii) The unit has not provided effluent treatment plant
c) The Unit has dumped about 200 MT of coconut husk in the nearby barren land of approximately 6 acres.
d) the unit uses rain water stored in the abandoned quarry pit by using pumps to wet the coconut husk and the effluent generated from wetting process was discharged through a narrow stream aside of the storage area.
5. In the meanwhile, as against the re-categorization order, various industries and Associations have filed writ petition and this Court has passed an order to maintain status-quo on 20.12.2021 in W.P.No.27188 and 25737 of 2021 etc. Further, the paragraph No.15 of the counter affidavit has been withdrawn by the respondents, by way of filing additional affidavit, in which the specific contentions, which has been withdrawn by the respondents are that as per the Status-quo order passed by this Court, the categorization of retting-de-fibering- pith processing units under Orange category has to be maintained until further orders and hence, there is no Page 10 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 bar to take action against the polluting industries. For withdrawal of the above said contentions by the respondents, the petitioner has not made any objection. Therefore, the withdrawal of paragraph No.15 of the counter affidavit is accepted.
6. It is to be mentioned that, the petitioner management itself admitted in the writ petition that they are ready to remove the dumped coir pith, which is stored on the society land. Further, it is the contention of the respondents that, the proprietor of the petitioner management, during personal hearing before the District Environmental Engineer, TNPCB, on 17.02.2023, has given assurance to remove the dumped coir pith in the society land, within two months time period, but they did not remove the same, as assured. The above statement made by the respondent is not denied by the petitioner.
7. Therefore, from the above discussion, it is clear that the proprietor of the petitioner management himself admitted about the dumping of coconut husk in the nearby barren land of approximately about 6 acres, as Page 11 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 specified in the show cause notice dated 7.12.2022 and also agreed to remove the same within two months, as assured during personal hearing on 17.02.2023 before the District Environmental Engineer. At the same time, the respondents have withdrawn their counter statements at paragraph No.15. As such, the order of statu-quo passed by this Court, as stated supra, has to be maintained, with regard to the re-categorization order dated 10.11.2021. Therefore, it is clear that pursuant to the status-quo order, the further action taken against the industries by the second respondent by issuing the impugned show cause notice also to be kept abeyance.
8. Therefore, inview of the above submission made by the parties, we inclined to pass the following order.
i) As per undertaking, the petitioner is directed to remove the dumped coir husk, within two months from the date of receipt of a copy of this order.
Failing which, the second respondent shall take necessary steps for removal of the above said dumped coconut husk.
ii) If any individual complaints have been given by third parties with regard to the dumping of coir husk in the property belonged to others, it is Page 12 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 for the respondents to take action in accordance with law, after issuing notice to the parties concerned.
iii) Inview of the Additional Counter affidavit filed by the rspondents, the impugned show cause notice dated 07.12.2022 shall be kept in abeyance till the orders passed in W.P.Nos.27188 and 25737 of 2021 etc.
9.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(D.K.K.J.) (P.D.B.J.)
16.06.2023
(1/2)
Internet: Yes/No
Index : Yes/No
mst
To
1. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai 600 032.
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.J-2(W), SIPCOT Industrial Growth Centre, Page 13 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 Perundurai 638 052, Erode District.
Page 14 of 15 https://www.mhc.tn.gov.in/judis W.P.No.16492 of 2023 D.KRISHNAKUMAR, J.
and P. DHANABAL, J.
mst W.P.No.16492 of 2023 16.06.2023 (1/2) Page 15 of 15 https://www.mhc.tn.gov.in/judis