National Green Tribunal
Swaminathan Ramadoss vs District Collector on 9 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No. 06:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 18 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Mr. R. Swaminathan,
Nagapattinam ...Applicant(s)
Versus
The District Collector,
Nagapattinam and others.
....Respondent(s)
Date of hearing: 09.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. M. R. Gokul Krishnan
For Respondent(s): Dr. V. R. Thirunarayanan for R1to R3, R5 & R8
P. Srinivas for R4
Sri. Abdul Saleem through
Mr. Vijay Meghanath for R6
Sri. C. Kasirjan through
Ms. D. Ashwini for R7
Mr. K. M. Subramanian for R9
ORDER
1. The above case has been posted to today for return of notice of 9th respondent and completion of pleadings and also for consideration of further action taken report.
2. When the matter came up for hearing today through Video Conference, Mr. M. R. Gokul Krishnan represented the applicant. Dr. V. R. Thirunarayanan represented 1 respondents 1 to 3, 5 & 8, Mr. P. Srinivas represented 4th respondent, Sri Abdul Saleem through Mr. Vjay Meghanath represented 6th respondent, C. Kasirajan through Ms. D. Ashwini represented 7th respondent and Mr. K. M. Subramanian represented 9th respondent. So service is complete.
3. As per order dated 24.02.2021, this Tribunal had considered the report submitted by the joint committee and also report submitted by the Tamil Nadu Pollution Control Board (TNPCB) and directed the respondents to file their independent reply statements on the basis of the observations made by the joint committee regarding the violations said to have been committed and the action taken by them against the 9th respondent.
4. Further, the Tamil Nadu Pollution Control Board (TNPCB) was directed to file a further action taken report on the basis of the show cause notice already issued by them and the case was posted to 22.03.2021 for that purpose.
5. Since notice to the 9th respondent was not returned, it was posted for their appearance as well. On 22.03.2021, also the notice sent to the 9th respondent was not returned. So the matter was adjourned to 28.04.2021 for return of notice of 9th respondent and also completion of pleadings and also for consideration of further action taken report if any. On 28.04.2021, the matter was adjourned to today by notification.
6. The learned counsel appearing for the Tamil Nadu Pollution Control Board (TNPCB) submitted that in view of the lock down, office of the Tamil Nadu Pollution Control Board (TNPCB) at Nagapattinam has been closed. So they could not get any instructions from them.
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7. The learned counsel appearing for the Nagapattinam Municipality submitted that the 9th respondent building had already been sealed as no proper explanation has been given to the show cause notice issued as to why it should not be sealed and demolished. Though a suit was filed by the 9th respondent before the District Munsifs Court, Nagapattinam is O.S. No. 167/2020 against the notice issued by the Nagapattinam Municipality, there was no interim injunction granted. So they have proceeded with the sealing of the building for violations under the Tamil Nadu District Municipalities Rules, 1972 and he wanted to file a report to that effect before this Tribunal.
8. Since, the Tamil Nadu Pollution Control Board (TNPCB) had not filed the further action taken report. So we feel that one more opportunity can be given to the committee and the 9th respondent to file their statement. If 9th respondent did not file the statement justifying their action, or as to why the relief cannot claimed granted against to them, then this Tribunal will be compelled to dispose of the case on the basis of the materials available on record.
9. The Tamil Nadu Pollution Control Board (TNPCB) and the Nagapattinam Municipality are directed to file their respective action taken report to this Tribunal on or before 30.06.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
10. The Registry is directed to communicate this order to the official respondents, Nagapattinam Municipality and also to the Chairman, Tamil 3 Nadu Pollution Control Board (TNPCB) for their information and for their compliance with the direction.
11. For completion of pleadings and also for consideration of further action taken report, post on 30.06.2021.
Sd/--
..................................J.M. (Justice K. Ramakrishnan) Sd/--
.................................E.M. (Dr. K. Satyagopal) O. A. No.18/2021, (SZ) 09.06.2021, Sr. 4