SEKAR REPORTER

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Full order of THE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.23604 of 2021 Palraj           Vs 1            The District Collector                            Ariyalur Distirct Ariyalur 2            The Tamil Nadu Pollution Control Board       Rep by its Chairman

by ·

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:     08.11.2021

CORAM :

THE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.23604 of 2021

Palraj

Vs

1            The District Collector                            Ariyalur Distirct Ariyalur

2            The Tamil Nadu Pollution Control Board

Rep by its Chairman

No. 76  Mount Salai Guindy       Chennai 32

3            The Environmental Engineer

Ariyalur District

Tamil Nadu Pollution Control Board

99-A Ethiraj Nagar  Railway Station Road

Rajaji Nagar (P.O) Ariyalur 621 713

4            The Superintendent of Police

 … Petitioner
     O/o. The superintendent of Police Near

District Collectors office  Perambalur Road       Ariyalur

5   M/s. Dalmia Cement (Bharat) Ltd

Dalmiapuram Lalgudi Tauk
     Tiruchirapalli 621 651                                …. Respondents

Writ petition filed seeking for a Writ of Mandamus directing the 1st Respondent to consider the representation dated 23.08.2021 issued by the villagers of Edayathankudi village  Ariyalur District  Tamil Nadu Consequently imose a ban on plying tipper lorrie or any other heavy vehicles of the 5th Respondent during night time through

Edayathankudi village

For the Petitioner       :      Mr.G.Prabha

For the Respondents : Mr.S.J.Mohammed Sadik, Government Counsel for respondents 1 to 4

ORDER

(Order of the Court was made by The Hon’ble Chief Justice)

The grievance of the petitioner is that the villagers in Edayathankudi Village in Ariyalur District are exposed to air and noise pollution throughout the day and night as a result of the mining activities conducted at a nearby place and the transportation of the

mineral by the licensee.

  1. The petitioner says that the petitioner has no grievance against the operation of the mine in accordance with law, but the villagers are particularly disturbed at the manner in which the mineral is transported since the road crosses the village and the activity

continues on a 24-hour basis.

  1. S.J.Mohammed Sadik, Government Counsel, takes notice on behalf of respondents 1 to 4 and submits that the third respondent Environmental Engineer, Ariyalur District will be the appropriate

authority to address the petitioner’s grievance.

  1. Since no order prejudicial to the fifth respondent mining lessee is being passed, no previous notice is required to be served on the fifth respondent. However, the petitioner should immediately

forward copies of the petition and this order to the fifth respondent.

  1. The Environmental Engineer, Ariyalur, will look into the terms and conditions of the license granted in favour of the fifth respondent and ensure that the mining activities are conducted strictly in terms of the license, particularly the area covered thereby. If the concerned official finds that the fifth respondent has expanded its area of operation, the license should be suspended immediately and action

taken against the fifth respondent in accordance with law.

  1. Further, the third respondent will instruct the fifth respondent

to ensure that transportation activities are undertaken within a regulated time and that they are not undertaken at night. The third respondent will also look into the mode of transportation to ascertain whether tipper lorries are appropriate for such purpose. Even in the manner of transportation, the third respondent will ensure that the least inconvenience is caused to the villagers around the place

including those at Edayathankudi Village.

  1. For the purpose of implementing this order and to ensure that the fifth respondent operates strictly within the terms and conditions in its license, the fourth respondent will render all assistance to the third

respondent.

  1. WP No.23604 of 2021 is disposed of by directing the third respondent to confirm to the petitioner within a period of four weeks

from date, as to the extent of the action taken by such respondent.

  1. There will be no order as to costs.

(S.B., CJ.)           (P.D.A., J.)

08.11.2021

Index : yes/no tar

To:

  • The District Collector Ariyalur Distirct Ariyalur
  • The Tamil Nadu Pollution Control Board

Rep by its Chairman

No. 76  Mount Salai Guindy       Chennai 32

  • The Environmental Engineer

Ariyalur District

Tamil Nadu Pollution Control Board

99-A Ethiraj Nagar  Railway Station Road

Rajaji Nagar (P.O) Ariyalur 621 713

  • The Superintendent of Police

O/o. The superintendent of Police Near

District Collectors office  Perambalur Road

Ariyalur

THE HON’BLE CHIEF JUSTICE

AND

P.D.AUDIKESAVALU, J.

(tar)

 

WP No.23604 of 2021

 

08.11.2021

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