M NIZAMUDEEN Vs. CHEMPLAST SANMAR LIMITED

JUDGEMENT

(1.) THIS is a public interest litigation and the petitioner seeks to challenge the proceedings of the third respondent in letter No.D3/JDO.2/F.46/2008, Dated 27.02.2008. While seeking to set aside the said proceedings, the petitioner also seeks to forbear the first respondent from laying any pipeline for drawing the raw material Vinyl Chloride Monomer (VCM) from the Jetty located at Tiyagavalli village to their plant in Semmankuppam village, Cuddalore district.

(2.) THE petitioner claims himself to be the Executive Secretary of a body called Cuddalore District Consumer Protection Organization stated to have been registered under the provisions of the Tamil Nadu Societies Registration Act, 1975.

(3.) BASED on the said clearance granted by the MoEF, the Tamil Nadu Pollution Control Board (for short TNPCB) also granted its consent on 14.09.2006, under the Air & Water Acts for the PVC Plant, as well as MTF and the pipeline project of the first respondent. As the laying of the pipeline had to be made underneath the river which belonged to the State Government, the first respondent is stated to have filed an application dated 06.02.2008, to the third respondent which also granted its approval vide letter dated 27.02.2008. The said order of the third respondent dated 27.02.2008, is under challenge in this writ petition.