A C RAJI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Writ Petition is filed for issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation, dated 15. 4. 2009, submitted on 16. 4. 2009 and to carry out re-survey of the noise level in the petitioner's Saw Mill (M/s. Velmurugan Saw Mill at D. No. 16/2-58, Kandasamy Nagar, samrajpet, Mecheri, Salem District) within the time that may be fixed by the court.

(2.) ACCORDING to the petitioner, he has been running the Saw Mill by name, m/s. Velmurugan Saw Mill at D. No. 16/2-58, Kandasamy Nagar, Samrajpet, Mecheri, salem District, since 1995, i. e. for the past 13 years, by obtaining licence from the local Panchayat. The licence was given by local Panchayat after getting no objection from the neighbours. Learned counsel for the petitioner submits that subsequently, the licence of the petitioner has been cancelled on the ground that he has not obtained the consent from the Tamil Nadu Pollution control Board and for that, the petitioner, after making appropriate rectification, has requested by way of representation, dated 15/16. 4. 2009 to the tnpcb to carry out the re-survey of the noise level in the petitioner's Saw mill.

(3.) ONE Mr. Obli Chettiar, was sought to be impleaded as party-respondent No. 4, to oppose the Writ Petition and the State of Tamil Nadu, through it Secretary, environment and Forest Department, was also suo motu impleaded as fifth respondent to hear the matter. Both the respondents 4 and 5 have opposed the prayer in the Writ Petition.