L. KOTHANDARAMAN Vs. DISTRICT COLLECTOR, CHINGLEPUT

JUDGEMENT

(1.) This Writ Petition has been filed seeking for a Writ of Certiorari to call for the records on the file of the 2nd respondent in Proceedings No.T1/TNPCB/F.0038/CBN/RL/W and A/2020, dtd. 17/3/2020, quash the same and for consequential orders.

(2.) The case of the petitioner company is that it is indulging in manufacture of paper boards. Originally, it was being run by an entity called BILT Industrial Packaging Limited. It was taken over by the petitioner and after investment of huge sum of money, it has developed the manufacturing process. According to the petitioner, it is strictly complying with all the TNPCB norms, taking into consideration the impact on the environment. The petitioner claims that it has been the recipient of several awards for its "Green Initiation". The affidavit further states that between 6/1/2020 and 8/1/2020, the officials belonging to the 2nd respondent conducted a surprise inspection. At that time, it came to its knowledge that the National Green Tribunal (hereinafter referred to as the NGT), Southern Zone, had passed an order directing inspection. This order was passed on 13/12/2019. The petitioner had co-operated with the Officials and a detailed inspection report had been prepared. It further states that pursuant to the inspection, the 1st respondent, District Environmental Engineer, Tamil Nadu Pollution Control Board had issued two Show Cause Notices on 10/1/2020, pointing out several deficiencies under the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the Air Act) and Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Water Act).

(3.) On receipt of the said notices issued by the 1st respondent (Page Nos.284 to 286 of the typedset of papers), a detailed reply was given to the Show Cause Notices by the petitioner (Page Nos.288 and 297 of the typedset of papers) dtd. 31/1/2020.