National Green Tribunal
Chandrasekar vs State Of Tamil Nadu Department Of ... on 3 January, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.02: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 246 of 2021 (SZ) (Through Video Conference) IN THE MATTER OF: K.. Chandrasekar, S/o Kandhasamy, Reddiyur, Mettur Post, Rasipuram Taluk, Namakkal District. Versus 1. The Director, Department of Environment No. 1. Jeenis Road, Panagal Building, Ground Floor, Saidaet, Chennai -- 600 015. 2. The District Collector, 1* Floor, Main Building, District Collectorate, Tiruchengode Road, Namakkal -- 637 003. 3. The Tamil Nadu Pollution Control Board, Rep. by its Chairperson, 76, Mount Salai, Gunidy, Chennai -- 600 032. 4. The Tamil Nadu Pollution Control Board, Rep. by its Chairperson, Collectorate Campus, Near Tamil Nadu Civil Supply Corporation, Namakkal -- 637 003. 5. The Director, Directorate of Town and Country Planning, CMDA Office, Koyembedu Market Road, Koyambedu, Chennai -- 600 107. 6. The Regional Director, Town and Country Planning Department, Door No. 06/1217, Paramathi Road, Namakkal -- 637 001. ... Applicant(s) 7. The Tahsildar, Rasipuram. 8. The Revenue Inspector, Vennandhur Village, Rasipuram. 9. The Regional Development Officer, Rasipuram. 10. The Commissioner, Panchayat Union, Pallavannaicken Patti, Rasipuram. 11. M/s. Devi Plastic, Rep. by its Proprietor Raja, S.F. No. 49/2A, Pallavanaicken patty Village, Rasipuram. Taluk, Namakkal District. .... Respondent(s) Date of Order: 03.01.2022 CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): Mr. S.:Kousik For Respondent(s): None. ORDER
1. The above application has been filed by the applicant seeking the following reliefs:
A. Direct the 2", 3%, 4°, 5", 6° 7" and 8" respondents to restrain 9" respondent from starting the Plastic Industry called M/s. Devi Plastic Industry located in SF.No. 49/2A, Pallavanaicken Patti Village, Rasipuram Taluk, Namakkal District.
2. It is only an apprehension that if such an Industry is established in that area, it is likely to cause air and sound pollution and they want only an injunction restraining the authorities from granting permission. Such a prayer restraining the statutory authorities from exercising their statutory powers cannot be granted as the aggrieved person will be getting an opportunity to challenge the same before the appropriate forum.
3. As regards the violation of Section 47(A) of the Tamil Nadu Town and Country Planning Act, 1971 is concerned, that will not come within the purview of this Tribunal as this is not governed by the statute provided under the schedule to the National Green Tribunal Act, 2010. When this was pointed out, the learned counsel appearing for the applicant sought permission to withdraw this application with liability to move the appropriate authorities challenging the respective orders already given and also to come before this Tribunal if the operation after the unit is started, if any pollution is caused. on account of the same.
4. The above submission is recorded. The application is dismissed as withdrawn with above liberty.
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