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2014 DIGILAW 1764 (MAD)

M. Panneer Selvam v. Registrar, The National Green Tribunal, Chennai

2014-06-27

M.JAICHANDREN, M.VENUGOPAL

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Judgment M. Jaichandren, J. 1. Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents. 2. This Writ Petition has been filed challenging the order of the National Green Tribunal Southern Zone, Chennai, dated 11.6.2014. 3. The first respondent Tribunal had passed the impugned order, dated 11.6.2014, stating that the application filed by the applicants, the petitioner in the present writ petition, was not maintainable, at that stage. It had been stated that the petitioner herein is a dyeing unit, which had been granted permission in the year, 1994. Subsequently, it had been closed, by the Tamil Nadu Pollution Control Board. The petitioner had challenged the closure of the dyeing unit, by filing an appeal, before the Appellate Authority concerned. The Appellate Authority had set aside the order of the Tamil Nadu Pollution Control Board. However, the authority had directed the Tamil Nadu Pollution Control Board to grant consent to the petitioner dyeing unit, if the area in which it was located was reclassified as a `Mixed Residential Zone’ from its existing classification as a `Residential Zone’, by the appropriate authority. 4. It had been further stated that the issue relating to the reclassification of the area was pending before the government. It had also been noted that the matter was also pending before the High Court of Madras, in W.P.No.13544 of 2014. Therefore, it had been stated that, unless an order is obtained from the High Court, with regard to the issue relating to the reclassification of the area in question, no order could be passed by the Tribunal, as prayed for by the petitioner. In such circumstances, the petitioner has preferred the present Writ Petition before this court challenging the impugned order of the Tribunal, dated 11.6.2014. 5. The learned counsel appearing on behalf of the petitioner had submitted that the impugned order passed by the Tribunal is erroneous and invalid in the eye of law, as no proper reasons have been given for passing such an order. He had further submitted that the Tamil Nadu Pollution Control Board cannot pass an order closing the petitioner dyeing unit, in spite of the fact that it had the permission to run the same. He had further submitted that the Tamil Nadu Pollution Control Board cannot pass an order closing the petitioner dyeing unit, in spite of the fact that it had the permission to run the same. Further, the request made by the petitioner for reclassification of the area in question, from a `Mixed Residential Zone' to an `Industrial Zone', is under consideration before the authorities concerned. A Writ Petition is also pending before this court, in W.P.No.13544 of 2014, relating to the said issue. As such, it was not open to the Tribunal to close the application filed by the petitioner, in Application No.155 of 2014, stating that it was not maintainable at that stage. 6. We have considered the submissions made by the learned counsel appearing on behalf of the petitioner and we have perused the relevant records available before this court. We do not find any cause or reason to interfere with the order passed by the Tribunal, dated 11.6.2014, in Application No.155 of 2014. It is not in dispute that the petitioner dyeing unit is located in a `Mixed Residential Zone'. Unless the area in question is reclassified as an `Industrial Zone', it would not be proper for the petitioner dyeing unit to function in the `Residential Zone', where it is located at present. Further, the Tribunal had found that the petitioner had filed an application before the government for the reclassification of the area in question. A writ petition had also been moved, in W.P.No.13544 of 2014, and it is pending disposal before this court. In such circumstances, the contentions raised on behalf of the petitioner cannot be countenanced. Therefore, we are of the view that the present Writ Petition, filed by the petitioner, is devoid of merits and therefore, it is liable to be dismissed. Hence, it is dismissed. No costs. Consequently, connected miscellaneous petition is closed.