BALAMURUGAN COMPANY SIVAYAM AND OTHERS Vs. SAKTHIVEL

JUDGEMENT

(1.) The petitioners are arrayed as accused Nos.1 to 3 and came forward to file this Original Petition praying for quashing of the private complaint in C.C.No.51 of 2011 on the file of the Court of the Judicial Magistrate No.II, Kulithalai, instituted by the respondent/private complainant.

(2.) The said complaint has been filed seeking prosecution of the petitioners under Section 49(1)(b) of the Water (Prevention and Control Pollution) Act, 1974 and under Section 43(1)(b) of the Air (Prevention and Control Pollution) Act, 1981.

(3.) It is the case of the respondent/private complainant that the first respondent has established a Company in Sivayam South Village in Survey No.1210/3, for separating garment mineral and it is categorised as a red category and without getting any clearance from the Tamil Nadu Pollution Control Board, as to the Air and Water Pollution, has commenced operation and therefore, sought for prosecution of the petitioners.