Madras High Court
M. Mansur Ali vs The Secretary on 30 November, 2018
Author: K.K. Sasidharan
Bench: K.K. Sasidharan, P.D. Audikesavalu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN
and
THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. (MD) No. 22787 of 2018
M. Mansur Ali ... Petitioner
-vs-
1. The Secretary,
Government of India,
Ministry of Environmental and Forest,
Lodhi Road,
New Delhi.
2. The Joint Director,
Tamil Nadu Pollution Control Board,
Tirunelveli.
3. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Thoothukudi.
4. The Assistant Director,
Department of Labour,
Protection and Welfare,
Kovilpatti (South),
Thoothukudi District.
5. The Director,
M/s.Sither Metal Industry,
SF No.386, Door No.3/120,
South Veerapandiapuram Road,
Saminatham Village,
Ottapidaram Taluk,
Thoothukudi District. ... Respondents
http://www.judis.nic.in
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PRAYER : Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus, directing the Second and Third Respondents to
take necessary action as against the Fifth Respondent unit based on the
Petitioner's representation dated 06.06.2018 within the stipulated time as may
be fixed by this Court.
For Petitioner : Mr. M. Jegadeesh Pandian
For Respondents : Mr. M. Rajendran (for R1)
Mr. N. Shanmugaselvam,
Additional Government Pleader
(for R2 to R4)
Mr. B. Saravanan (for R5)
ORDER
(Order of the Court was made by P.D.AUDIKESAVALU, J.) The Petitioner has filed this Public Interest Litigation complaining that the Fifth Respondent, viz., M/s. Sither Metal industry is causing air pollution and that the Second and Third Respondents, viz., The Joint Director, Tamil Nadu Pollution Control Board, Tirunelveli, and The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi, respectively should be directed to take action based on the representation dated 06.06.2018 of the Petitioner in this regard.
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2. We have heard Mr. M. Jegadeesh Pandian, Learned Counsel appearing for the Petitioner, Mr. M. Rajendran, Learned Counsel appearing for the First Respondent, Mr. N. Shanmugaselvam, Learned Additional Government Pleader appearing for the Second to Fourth Respondents and Mr. B. Saravanan, Learned Counsel appearing for the Fifth Respondent and perused the materials placed on record apart from the pleadings of the parties..
3. The Learned Counsel appearing for the Fifth Respondent has produced a copy of the proceedings of the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Madurai, and The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi, dated 19.05.2014 and 06.03.2018 respectively and contends that inasmuch as the Fifth Respondent has obtained permission from the Tamil Nadu Pollution Control Board for operating a facility for collection/storage/transport and disposal of hazardous wastes in its premises at S.F. No. 386, Saminatham Village, Ottapidaram Taluk, Thoothukudi District, the allegation of the Petitioner against the Fifth Respondent cannot be countenanced. That apart it is has been pointed out that in response to the complaint dated 31.08.2018 made by the Petitioner, the Tamil Nadu Pollution Control Board by letter dated 11.07.2018 after inspection of the Unit on 03.07.2018 observed as follows:-
http://www.judis.nic.in 4 “1. The unit has installed common settling chamber, cyclone separator, U-Tube cooling, Bag filter and Wet Scrubber with Common Stack as Air Pollution Control Measures for the Rotary and Refining Furnaces installed in the unit and the same was found in Operable Conditions.
2. The unit has installed and Elevated Solar Evaporation Pan for disposing the Trade Effluent Generated (ie. Scrubber Bleed Off) from the process and the same was found in Operable Conditions.
3. The unit hold Consent under water and Air Acts with valid upto 31.03.2020 for producing Lead Ingots of 30 TPD.
4. The union holds Authorization under Hazardous waste (MH & TB) Rules with valid upto 18.05.2019.
5. As per the report of analysis of the Ambient Air Quality/Stock Monitoring survey conducted at the Industry on 08.12.2017, it is observed the Ambient Air Quality Standards are met in all the four stations in respect of P.M.10, SO2, NO3 and Lead are within the Standards prescribed. The Stock Monitoring Survey conducted on 08.12.2017 revealed that the emissions are met in respect of P.M. However, the unit is instructed to operate the Air Pollution Control Measures and the Effluent Treatment Plant Efficiently so http://www.judis.nic.in that their Standards are met at all times.” 5
4. In view of the aforesaid materials placed on record, we do not find any justification for granting the relief sought by the Petitioner in Writ Petition.
However, it is incumbent upon the Fifth Respondent to operate the Air Pollution Control Measures and the Effluent Treatment Plant Efficiently so that their Standards are met at all times. The Tamil Nadu Pollution Control Board shall ensure that there is compliance of the statutory requirements by the Fifth Respondent by making periodical inspections.
5. The Writ Petition is disposed of on the aforesaid terms. No costs.
(K.K. SASIDHARAN, J.) (P.D. AUDIKESAVALU, J.)
30.11.2018
vjt/sj
Index : Yes / No
Internet : Yes / No
To
1. The Secretary,
Government of India,
Ministry of Environmental and Forest,
Lodhi Road,
New Delhi.
http://www.judis.nic.in
6
K.K. SASIDHARAN, J.
and
P.D. AUDIKESAVALU, J.
vjt/sj
2. The Joint Director,
Tamil Nadu Pollution Control Board,
Tirunelveli.
3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi.
4. The Assistant Director, Department of Labour, Protection and Welfare, Kovilpatti (South), Thoothukudi District.
W.P. (MD) No. 22787 of 2018
30.11.2018 http://www.judis.nic.in