Madras High Court
K. Tapas Khamrui vs The District Environmental Engineer on 26 November, 2018
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.28203 of 2018
and W.M.P.No.32887 of 2018
K. Tapas Khamrui ... Petitioner
Vs.
1. The District Environmental Engineer,
O/o the District Environmental Engineer,
Tamil Nadu Pollution Control Board,
950/1, P.H. Road,
Arumbakkam, Chennai – 600 106.
2. The Assistant Engineer,
O & M, CDEC/Chennai Central/TANGEDCO,
No.16, Park Town, Chennai – 600 003. ... Respondents
PRAYER: Writ Petition has been filed under Article 226 of the
Constitution of India for the issuance of Writ of Mandamus to call for the
records in respect of the Lr.No.AD/O&M/Park Town ID. Camp/18, dated
11.10.2018 issued by the 2nd respondent on the basis of the show cause
notice issued by the 1st respondent vide Proc.No.DEE/TNPCB/CHN/PC-
01293/OS/SCN/A/2018 dated 11.05.2018 quash the same and
consequently direct the respondents to restore the electricity connection
in the petitioner's premises.
http://www.judis.nic.in
2
For Petitioner : Mr.G.Thyagarajan
For 1st Respondent : Mr.Abdul Saleem, Standing Counsel
for Pollution Control Board
For 2nd Respondent : Mr.P.R.Dhilip Kumar
Standing Counsel for TNEB
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ORDER
The order impugned dated 11.10.2018 states that “the service connection at your premises No.11, Venkatrayan Lane is hereby disconnected as per the instruction issued by the Tamil Nadu Pollution Control Board in Proceedings No.TNPCB.No.TS1/F.025237/CHEN/OS/ Closure/W&A/2018 dated 09.10.2018”.
2. The learned counsel appearing for the writ petitioner states that the electricity service connection was disconnected without considering the nature of the unit being run by the writ petitioner.
3. However, the learned counsel appearing for the respondent states that the writ petitioner is manufacturing gold jewels in the name and style of M/s.Bibek Jewel Crafts and therefore, the http://www.judis.nic.in 3 Pollution Control Board had initiated action and passed closure order in proceedings dated 09.10.2018. Subsequent to the closure order, the Tamil Nadu Pollution Control Board disconnected the service connection and therefore, the present Writ Petition is not maintainable.
4. However, the petitioner is at liberty to approach the National Green Tribunal for the purpose of adjudicating his case with reference to the closure order passed by the Tamil Nadu Pollution Control Board in proceedings dated 09.10.2018. Thus, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
5. Registry is directed to return the original impugned order to the learned counsel appearing for the writ petitioner.
26.11.2018 Index : Yes Internet: Yes Speaking Order: Yes asi http://www.judis.nic.in 4 S.M.SUBRAMANIAM, J.
asi To
1. The District Environmental Engineer, O/o the District Environmental Engineer, Tamil Nadu Pollution Control Board, 950/1, P.H. Road, Arumbakkam, Chennai – 600 106.
2. The Assistant Engineer, O & M, CDEC/Chennai Central/TANGEDCO, No.16, Park Town, Chennai – 600 003.
W.P.No.28203 of 2018 and W.M.P.No.32887 of 2018 26.11.2018 http://www.judis.nic.in