V. Parivallal v. Tamil Nadu Pollution Control Board, Represented by its Managing Director & Others
2008-01-30
K.CHANDRU, P.K.MISRA
body2008
DigiLaw.ai
Judgment :- K. Chandru, J. The Writ Petition is filed by an Advocate practicing at vellore in public interest. 2. The prayer of the writ petitioner is for directing the respondents to shift the cement godown and iron workshop operating in the premises run by the 5th respondent. 3. Notice was ordered by this Court on 12. 2007. Heard the arguments of Mr. M. Sathyanarayanan, learned counsel for the petitioner, Mr. Ramanlal, learned counsel for the Tamil Nadu Pollution Control Board and Mr. M Dhandapani, learned Counsel for the second and fourth respondents and perused the records. 4. Pursuant to the direction by this Court the first and 3rd respondents have filed counter affidavit and it is stated that they had taken cognizance of the complaint made by the petitioner and also the District Environmental Engineer had sent a reply as early as 1. 2007. In the Counter affidavit filed by the Joint Chief environmental Engineer, Tamil Nadu pollution Control Board the penultimate paragraph of the counter it is stated as follows: “The cement godown was once again inspected on 16.02.2007 and found that the activity was still going on and continued to cause air pollution to surroundings. In view of the persistent compliant against the activity of the cement godown from the public, District Collector and from Chief Minister cell, the District Environmental Engineer has recommended the Board to issue closure direction to the said cement godown. Based on the recommendation, the Board vide proceeding T16/TNPCB/F.5173/VBD/2007/A dated 17. 2007 had issued direction under section 31A of the Air (P&CP)A Act, 1981 for closure of the said cement godown.” In the light of the undertaking given by the first and third respondents, we do not think that any direction need be issued. 5. The learned counsel for the petitioner states that he will be satisfied if the Pollution Control Board pursues the action which is already undertaken in the counter. It is needless to state that the authorities will act as per their stand taken in the counter affidavit. Except for recording the said affidavit no further orders are necessary. The writ Petition stands closed. No costs.