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Judgment
The petitioner - Company is engaging in the business of Laundry and Dry cleaning. They have several outlets in the city of Chennai, where the
customers can avail the laundry and dry cleaning services. The petitioner factory is situated at Plot No.19, Survey No.93/1, Kumili Village,
Chengalpat Taluk, Kancheepuram District, by installing the most modern laundry equipments. It is stated that the Pollution Control Board, Fire and
Safety Department, Department of Health and Services have inspected the factory premises and granted permission to the petitioner to run their
factory in the year 2013 itself. Thus, after obtaining necessary approval from all those Departments concerned, the petitioner started running the
factory from the year 2013. All of a sudden, on 20.08.2013, in pursuant to an agitation made by few individuals in the village, followed by filing of
a complaint by the petitioner before the police in Crime No.119 of 2017 under Sections 341, 447 and 506(ii) IPC against those individuals, the
second respondent herein came to the premises and locked and sealed the same, without giving any notice to the petitioner - Unit. Therefore, the
petitioner has approached this Court and filed the present writ petition, seeking for mandamus, forbearing the respondents from interfering with the
running of the factory by the petitioner - Unit, situated at Plot No.19, Survey No.93/1, Kumili Village, Chengalpat Taluk, Kancheepuram District.
When the matter was posted for admission on 03.01.2018, the learned Special Government Pleader took notice for the respondents 1 and 2
and Mr.J.H.Iniyan, learned Government Advocate took notice for the respondents 3 and 4. Accordingly, the matter was directed to be listed on
05.01.2018 for getting instructions. On the said day, the learned Special Government Pleader produced a letter addressed by the Tahsildar,
Chengalpet, dated 04.01.2018, stating that the petitioner Unit was closed, due to the agitation made by the local public, by complaining that the
said Unit is causing pollution to the agricultural land as well as the drinking water wells situated in the village. It was also informed before this Court
that the petitioner herein agreed to close down the Unit temporarily, as the water samples from the well has been taken and sent for analysis.
Thus, this Court has directed the second respondent to file a counter affidavit, also by directing the petitioner to implead the concerned Pollution
Control Board as party respondent in this writ petition. Accordingly, the matter was listed on 09.01.2018, on which day, Mrs.Rita
Chandrasekaran, learned counsel for the Pollution Control Board took notice for the impleaded respondent namely fifth respondent and sought
time to file a report before this Court with regard to the present state of affairs. Accordingly, the matter is listed today for further hearing.
The learned counsel for the Tamil Nadu Pollution Control Board produced a copy of the report of Analysis dated 02.01.2018 and a copy of
the letter dated 09.01.2018 addressed by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Maraimalai Nagar,
Kanchipuram District to the Member Secretary, Tamil Nadu Pollution Control Board, Chennai. The learned counsel further pointed out that as per
the report of Analysis, it was found that the treated effluent parameters were within the standards prescribed by the Board and also shows that no
ground water contamination in the open well and village Bore well by the Unit operation. The relevant observations made in the communication
dated 09.01.2018 is extracted hereunder:
The Unit has applied for consent to operate on 17.07.2013 with compliance of conditions stipulated in the CTE and also furnished the approval of
BDO, Kattankolathur and Village Panchayat. The Unit was inspected on 19.07.2013 and ensured the compliance of condition in the CTE and
issued consent to operate under Water and Air Act to Carry out Laundering of cloths - 3000 kg/month vide
Proce.No.DEE/TNPCB/MMN/F.2013/OS/W&A/2013 dated 19.07.2013 and its renewal consent order valid upto 30.09.2018 vide
Proce.No.DEE/TNPCB.MMN/F.2013/OS/W&A/2014 dt. 02.04.2014 subject to the conditions that the unit shall operate and maintain the ETP
effectively and continuously to treat the trade effluent and the treated effluent shall be utilized for irrigation / green belt development purpose within
the premises.
The Unit has been permitted to generate 5 KLD of trade effluent from cloth washings and provided effluent treatment plant as collection tank,
neutralization tank, pressure sand filter and activated carbon filters and UV-Disinfection system for the treatment. Treated effluent is utilized for tree
plantation area of about 0.297 Hect land within the unit premises, which is sufficient as per the hydraulic loading of 35 KL/Hect of land.
Samples were collected on 23.10.2015 and 09.12.2016 at final outlet of effluent treatment plant and open well located within the premises. ROA
reveal that all the parameters were within the limit (ROAs attached herewith).
Based on local public agitation sample were collected on 29.12.2017 in the present of BDO, Kattangulathur, Tahsildar, Chengalpattu at the outlet
of neutralization tank, final outlet of effluent Treatment plant, open well near the tree plantation within the premises and Over Head tank inlet of
Village Bore well. Report of analysis (ROA) reveals that treated effluent parameters were within the standards prescribed by the Board and also
shows that no ground water contamination in the open well and village Bore well by the unit operation (ROA enclosed).
........
Based on local public agitation, the unit was inspected on 29.12.2017 in the presence of BDO, Kattangulathur, Tahsildar, Chengalpattu found
that all the components of ETP were under operation and no discharge of effluent outside premises and samples were collected at outlet of
neutralization tank, final outlet of effluent Treatment plant, open well near the tree plantation within the premises and Over Head tank inlet of Village
Bore well. Report of analysis (ROA) reveals that treated effluent parameters were within the standards prescribed by the Board and also shows
that no ground water contamination in the open well and village Bore well by the unit operation (ROA) enclosed.
Thus, the learned counsel for the Tamil Nadu Pollution Control Board submitted that the above report and the communication made by the
Tamil Nadu Pollution Control Board may be taken on record and appropriate orders be passed in this writ petition.
The learned counsel for the petitioner, by placing reliance on the report submitted by the Tamil Nadu Pollution Control Board, insisted that the
action of the second respondent in continuing the closure of the petitioner Unit is totally unwarranted and illegal and hence, he must be directed to
remove the seal, so as to enable the petitioner to run the Unit.
The learned Special Government Pleader, by relying upon the counter affidavit filed by the second respondent submitted that the action of the
second respondent was necessitated only due to the agitation made by the local public and therefore, the second respondent will convene a Peace
Committee Meeting, once again to convince the local public, about the report submitted by the Tamil Nadu Pollution Control Board and
consequently, take steps to open the petitioner Unit. For such purpose, the learned Special Government Pleader sought further time.
Upon considering the relevant pleadings of the respective parties, the report of Analysis submitted by the Tamil Nadu Pollution Control Board
and the submissions made by the learned counsels on either side, it is evident that the allegations made against the petitioner Unit is factually
incorrect and on the other hand, it appears to be an out come of the agitation made by some people without having any justifiable and reasonable
cause. The authorities cannot heed to such pressure and close down the petitioner Unit, especially, when they were running the Unit, after obtaining
necessary permission from the concerned authorities including the Pollution Control Board. In any event as the present report submitted by the
Tamil Nadu Pollution Control Board clearly indicates that there is no pollution in the agricultural land or in the drinking water well or in the bore
well, more particularly, when thee is a clear cut finding given in the letter issued by the Tamil Nadu Pollution Control Board dated 09.01.2018, that
there is no discharge of effluent outside premises, I do not think that the respondents, more particularly, the second respondent is entitled to justify
the locking and sealing of the premises of the petitioner-Unit any further. Accordingly, this writ petition is allowed and the second respondent is
directed to remove the seal forthwith, immediately, on receipt of a copy of this order and permit the petitioner to run the factory without causing
any hindrance. If there is any law and order problem, it is for the respondents to take immediate control over the situation, also by seeking help of
the police, if so warranted. No costs. Consequently, connected miscellaneous petition is closed.