High CourtsSingle Bench(2022) 06 MAD CK 0030

V.Perumal vs District Environmental Engineer, Tamil Nadu Pollution Control Board And Others

Madras High Court · Decided on 14 June 2022

HON’BLE JUDGES
M.Nirmal Kumar, J
CASE NUMBER
Writ Petition (MD) No. 9804 Of 2022

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Judgment

7 paragraphs · 432 words

M.Nirmal Kumar, J

1.

The contention of the petitioner is that the first respondent had issued notice dated 30.11.2021, for the petitioner causing air, noise and water pollution by running his automobile workshop in the residential area, causing in convenience and disturbance to the residents. The second respondent had sent notice dated 10.01.2022. The petitioner sent reply to the respondents on 08.01.2022, explaining with reasons that the petitioner is not running any industry or company, he is running an automobile workshop repairing old cars. Further the petitioner not caused any noise, air and water pollution, thereby violating the provisions of the Tamil Nadu Pollution Control Act. He further submitted that the third respondent herein is also running automobile workshop and due to professional jealously he is making false allegations against him. Since third respondent is residing next to the petitioner's workshop, taking advantage of the same, false allegations made against him. The petitioner lodged a complaint against the third respondent for which CSR No.203 of 2020 was issued by the Manaparai Police Station, Trichy District on 06.06.2020.

2.

The learned counsel appearing for the first respondent submit that on receipt of complaint from the local residents, preliminary enquiry was conducted. The petitioner is running a automobile workshop creating noise and water pollution and he was advised to refrain from doing so. The complaint given by the local resident was forwarded to the local authorities concerned to take appropriate action.

3.

The learned counsel appearing for the third respondent submit that the third respondent is running a mechanic shop in a different area without causing any disturbance or pollution to the environment. the petitioner using his muscle power is indulging in the above act, hence the third respondent also lodged complaint and no action taken by the authorities concerned. He would also submit that the local body authorities are in hand in glove with the petitioner , hence the petitioner continuous his harassment and create pollution in that area. The local residents have lodged complaint and no action so far taken.

4.

Since the first respondent has already forwarded the complaint to the local body and further the third respondent's specific allegation is that the local body authorities not taking action against the petitioner, this Court suo motu impleads the Commissioner, Manaparai Municipality as fourth respondent who to report what steps taken on the complaint forwarded by the first respondent.

5.

Registry is directed to issue notice to impleaded fourth returnable by 29.06.2022. The Third respondent is permitted to take private notice to the impleaded fourth respondent.

6.

Post the matter on 29.06.2022.