Shri C. Palani vs District Collector And Ors

Heard the counsel for the parties. The averments contained both in the application and in the reply filed by the respondents are looked into. The case of the applicant, in short, is that the applicant is a permanent resident of Aarimuthupatti Village and there are about 100 families living in the said village. The 6th respondent has established a iron melting unit without obtaining permission and commenced its operation in Survey No.434 of Ulli Village, Gudiyatham Taluk causing all kinds of environmental pollution. Though it was brought to the notice of the authorities, namely who are shown as respondents 1 to 3, no action was initiated which necessitated the applicant to approach the Tribunal by filing the instant application.

All the respondents entered appearance and filed their reply. When the matter was taken up for consideration, it was submitted by the counsel for the Tamil Nadu Pollution Control Board (Board) the respondents 2 and 3 that it is true that the following representations made, the applicant filed the instant application. Pending the application, an inspection was made by the 2nd respondent, the District Environmental Engineer (DEE) concerned when it was noticed that the 5th respondent should have obtained necessary Consent both under the Water Act and Air Act has commenced the Unit without obtaining the same in contravention of law and the Unit was closed on 13.12.2014 and thus as on today the Unit is not carrying on its operation. The counsel for the 6th respondent would submit that it is true that pursuant to the directions of the 2nd and 3rd respondents, the Unit was closed and now it is not carrying on its activities. The counsel for the applicant would fairly concede that the Unit of the 6h respondent is not carrying on its operation this day. After hearing the submissions as recorded above, it is quite clear that the 6th respondent is not carrying on the operation of iron melting Unit. But it is quite clear that the 6th respondent was carrying on the said process of iron melting Unit in contravention of law. Hence, in view of the submissions made and recorded above, from 13.12.2014 onwards, the request of the applicant that the parties are shown as respondents 1 to 5 are to be directed to take appropriate action against the 6th respondent does not arise for consideration and hence the application cannot be pursued further. While disposing of the application recording the same as above, the 2nd respondent, the District Environmental Engineer concerned is directed to monitor to enasure that the 6th respondent shall not carry on the above process of iron melting without obtaining necessary Consent to Establish and to Operate and Licence as required by law. There is no impediment for the 6th respondent to carry on the above iron melting unit after obtaining the Consent to Establish and to Operate therefore. With the above observation and direction, the application is disposed of.

No cost.