V SANDAL MUTHURAJ Vs. DISTRICT ENVIRONMENTAL PROTECTION ENGINEER, TAMIL NADU POLLUTION CONTROL BOARD, THE CHAIRMAN,; TAMIL NADU POLLUTION CONTROL BOARD, NUCLEAR POWER CORPORATION OF INDIA LTD; KOODANKULAM ATOMIC POWER PROJECT; DISTRICT COLLECTOR

JUDGEMENT

(1.) Mr.Raman Laal, learned Counsel takes notice for respondents 1 and 2. Mr.R.Janakiramalu, learned Special Government Pleader takes notice for the fourth respondent.

(2.) The petitioner is a Pro Bono Publico. The petitioner has come forward with a prayer for the issuance of a writ of mandamus to forbear the first respondent from conducting the public hearing in respect of the location of four High Tension Soft Water plants to be installed by the 3rd respondent in any other place other than Koodankulam village, Radhapuram Taluk, Tirunelveli District which is scheduled to be held on 31.3.2007.

(3.) Earlier, the 1st respondent had issued a notification as per the Environment (Protection) Rules on 22.12.2006 in Dinathanthi and Dinakaran Newspapers in which the public hearing was scheduled to be held on 31.1.2007 at 10.30 a.m. at Koodankulam Panchayat Meeting Hall. The very same petitioner preferred a writ petition in W.P.(MD) No. 719/2007 with a prayer that the 1st respondent should be prevented from holding public hearing in any other place other than Koodankulam village, Radhapuram Taluk, Tirunelveli District, which was proposed to be held on 31.1.2007. Since the petitioner objected to the holding of the public hearing on that date at the very same village, namely Koodankulam Village, the 1st respondent was forced to postpone the public hearing indefinitely on that occasion. Recording the stand of the 1st respondent, that writ petition was closed stating that if any public hearing is to be held, it must be accessible to the petitioner and other persons who are interested in the matter.