M KRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition, in public interest, was preferred by the petitioner for direction on respondents 1 to 5 to take action against the respondents 6 to 8 for running illegal stone crushing units at Kulasekaram Village and to initiate prosecution against them.

(2.) THE case of the petitioner was that respondents 6 to 8 have illegally installed three stone crushing units in different places and are emanating dust from the respective crushers causing health hazards to the residents of the neighbouring area and by the Tamil Nadu Panchayats Act, 1958, as substituted vide Tamil Nadu Panchayats Act, 1994, though it was mandatory to obtain licence from the panchayat for running factory or workshop in the vicinity, but they are running the stone crushers without such licence.

(3.) ON the other hand, the 4th respondent, Commissioner, Agastheeswaram Panchayat Union has stated that the 6th and 7th respondents were granted licence vide Resolution Nos. 64 and 67 dated 25th May, 1988 and 24th Aug., 1984 respectively, which was renewed upto the year 1993/1995. Further renewal on the basis of the consent of the Pollution Control Board was not made. The 5th respondent, Electricity Board, has stated that the 8th respondent has not even applied for electric power service connection from the 5th respondent. The 7th respondent stated that four stone crushing units are existing in the area, but alleged that one of the crushing units, with an ulterior motive to stop business activities of the other three units, has got the writ petition preferred through the petitioner. The said 4th unit is also running crusher illegally. Similar plea has been taken by the 8th respondent that at the instance of another crushing unit, viz., Kailash Blue Metals, this application has been preferred. The 8th respondent has a licenced unit at S. No.86/2 in Thamaraikulam Village, but it is not functioning. Instead another illegal unit has been established in survey No.86/1, though it is a poramboke land. It is alleged that the petitioner has purposefully omitted to implead the owner of Kailash Blue Metals. The location of unit run by the 8th respondent is at survey No.84/2 in Vadukku Thamaraikulam Village Panchayat and not within the Kulasekaram Panchayat. According to the 8th respondent, no pollution or health hazard is being caused by it and its name is not appearing in the list of 14 entries causing pollution, circulated vide G.O. Ms. No.271 dated 20th Feb., 1987, issued by the Health and Family Welfare Department of the State. It further appears that a suit in O.S. No.938/88 was instituted by one T.Mark, S/o P.Daniel against respondents 6 and 7, which was dismissed.