N. Muneeba Tanning Company v. National Green Tribunal
2014-06-06
M.JAICHANDREN, M.VENUGOPAL
body2014
DigiLaw.ai
Judgment M. Jaichandren, J. 1. Heard the learned counsels appearing on behalf of the parties concerned. 2. The main contention of the learned counsel appearing on behalf of the petitioner is that the impugned ex parte order, dated 20.5.2014, had been passed by the 1st respondent-National Green Tribunal, Chennai, without considering the relevant facts applicable to the case on hand. It is also brought to the notice of this Court that, by an order, dated 29.4.2014, the Tamil Nadu Pollution Control Board, respondents 2 and 3 herein, had permitted the petitioner-Tannery to operate, subject to the fulfilling of certain conditions. However, the said proceedings had not been brought to the notice of the 1st respondent-National Green Tribunal, Chennai, at the time of the passing of the impugned ex parte order, dated 20.5.2014. It had also been submitted that the petitioner-Tannery is not dumping the effluents and other waste materials in the lands said to be belonging to the 5th respondent herein. 3. Mrs. Rita Chandrasekar, who takes notice on behalf of the Tamil Nadu Pollution Control Board, respondents 2 and 3 herein, had submitted that, though the matter is directed to be listed before the 1st respondent-National Green Tribunal, on 13.8.2014, the petitioner-Tannery may be permitted to move the 1st respondent-National Green Tribunal, Chennai, on 11.6.2014, to enable the 1st respondent-Tribunal to consider all the facts and issues relating to the matter and to pass further orders thereon, after hearing the parties concerned. 4. The learned counsels appearing on behalf of the respondents concerned have no objection for such an order being passed by this Court. 5. Considering the facts and circumstances of the case, this Writ Petition is disposed of permitting the petitioner to move the 1st respondent-National Green Tribunal, Chennai, for the hearing of the matter, on 11.6.2014. The petitioner is also permitted to move a petition/application before the 1st respondent-National Green Tribunal, Chennai, on 9.6.2014, for advancing the hearing of the matter, from 13.8.2014, to 11.6.2014. No costs. M.P.Nos.1 and 2 of 2014 are closed.