Raveendran vs Chairman And Ors

This application is in continuation of the earlier application filed by parties, as it is seen in our earlier order passed in Application No.164 of 2016 dated 17.10.2016. It appears that after the Tribunal has disposed of the application with a direction to the Tamil Nadu State Pollution Control Board (Board) to ensure that the respondent Nos.3 to 6 therein, do not carry on any activity of Hot Bitumen Mix Plant without "consent" from the Board, another application came to be filed on behalf of the respondents stating that their application for "consent" is pending and therefore, a direction may be issued for consideration of the application. It is seen that the Tribunal has disposed of this application also observing it is always open to the Board to consider the application stated to be pending with the Board and pass appropriate orders in accordance with law.

It is not in dispute that pursuant to the said direction, the Board has passed an order granting "consent" for running Hot Mix Plant by the respondent Nos.5 to 8. It is true that pursuant to the order passed by this Tribunal dated 17.10.2016, the premises of the respondents was sealed and thereafter on an inspection made by the Board on 05.05.2017 and finding that "consent" may be granted, the Board has granted "consent" on 17. 05.2017.

In view of the subsequent development to the effect that the respondent Nos.5 to 8 have been granted "consent" for Hot Mix Plant, it is for the applicant to work out his remedy in the manner known to law by challenging the "consent" order. However, we make it clear that respondent Nos.5 to 8 who are granted "consent", shall scrupulously follow the guidelines framed by the Board regarding conducting of Hot Mix Plants. In the said application, we also made it clear that the Board shall have a constant watch over the running of the business by respondent Nos.5 to 8 and in the event of any defiance of any of the conditions by the respondents, the Board shall take suitable action which includes closure of the Unit. As stated above, it is always open to the applicant to work out his remedy against the order of consent. If such order of "consent" is challenged, it is for the Appellate Authority to decide in accordance with law including period of limitation and while deciding the same, it is for the Appellant Authority to consider the points raised by the applicant.

With the observation, the application stands disposed. There shall be no order as cost. In view of the disposal of the main application, M.A.No.105 of 2017 stands closed.