C.KRISHNASAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petition has been filed for a Mandamus directing the respondents 1 to 3 to take appropriate action against the 4th respondent, who is illegally operating the stone crushing unit in S.F.Nos. 213/1C1A1 and 213/1C1A2 in Thungavi Village, Madathukulam Taluk, Tiruppur District and consequently direct the 4th respondent to pay compensation to the petitioner for causing health hazards to the petitioner and his family members by the illegal operation of the stone crushing unit based on the petitioner's representation dtd. 15/2/2023, within at time frame fixed by this Court.

(2.) Today when the matter is taken up, Mrs.Shanmugavalli Sekar, learned Standing Counsel appearing for the third respondent / Tamil Nadu Pollution Control Board has produced the written instructions stating that the fourth respondent unit located at S.F.No. 213/1C1A1, 213/1C1A2, Thungavi Village, Madathukulam Taluk, Tiruppur District has obtained consent for establishment, vide proceedings dtd. 8/2/2018 under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution Act), 1981 for the product of various sizes of Blue Metal Jelly (1-1 /2", 3/4", 1 /2", 1 /4") - 5000 Tons / Month and stone dust Rs.500.00 Tons / Month. The 3rd respondent Board has received a complaint dtd. 1/4/2022 through the Hon'ble Chief Minister Special Cell and the District Collector, Tiruppur District stating that the unit is operating 24 hours day and night and dust particulars are emanated to the coconut farms located adjacently and also affect the livelihood of the family and coconut trading.

(3.) Based on the said complaint, the Unit of the 4th respondent was inspected on 9/4/2022 and it was found that the Unit was found under operation with Mobile Crusher without obtaining consent and instructions were issued to the Unit vide letter dtd. 24/5/2022 to remove the Mobile Crusher. Therefore, the petitioner has filed an application before the National Green Tribunal (South Zone), Chennai against the District Collector, Tiruppur District and DEE, TNPCB, Tiruppur South @ Palladam in O.A.No. 90 of 2022 and vide order dtd. 10/8/2022, NGT has directed the TNPCB to submit an inspection report regarding the operation of the Unit and pursuant to the same, the Unit was inspected on 3/9/2022 and a show cause notice dtd. 5/9/2022 was issued to the Unit and an Inspection Report was submitted to NGT, Chennai on 7/9/2022, mentioning that the Unit has removed the Mobile Crusher as per the previous inspection dtd. 9/4/2022 and the Unit was found not under operation.