GUNAVATHI Vs. CHAIRMAN TAMIL NADU POLLUTION CONTROL BOARD

JUDGEMENT

(1.) THE petitioner is the Proprietrix of Decorticating Unit situated at No.34 and 36 Maninagaram Cross Street, Aruppukottai Town. In this writ petition, the petitioner challenges the order of the first respondent / Chairman of the Tamil Nadu Pollution Control Board dated 02.8.2006 wherein and by which the first respondent, by exercising his power under Section 31 A of the Air (Prevention and Control of Pollution) Act, 1981, issued direction to the closure of the petitioner's unit and also stoppage of electricity with immediate effect and this order is impugned in this writ petition.

(2.) IT is found from the impugned order that inspection of the petitioner's unit was conducted on 23.3.2006 and that the petitioner had not provided proper Air Pollution Control measures and the consent of the Board was also not obtained and also there are frequent complaints from the public against the dust pollution caused by the unit. IT is admitted that the report of the inspection conducted on 23.3.2006 was not given to the petitioner and no show cause notice was issued before taking any action.

(3.) IN the light of the above, the impugned order No.T16/TNPCBd/F-20215/VRD/OS/2006-1 dated 02.8.2006 is hereby set aside. The respondents are directed to inform the Tamil Nadu Electricity Board to restore the power connection to the petitioner's unit forthwith, if not already done. It is open to the first respondent to issue show cause notice to the petitioner in terms of law after taking into account the exemption granted to the industries in one of which the petitioner is carrying on business and after getting explanation from the petitioner and after affording opportunity to the petitioner, an order may be passed by the first respondent Board and the same may be communicated to the petitioner. If the order is adverse to the petitioner, the same shall not be given effect to, for a period of two weeks from the date of order.