High Court · 2024

WP No.6776 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.07.2024CORAM:THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICEANDTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUWP No.6776 of 2021T.Sankar ... Petitionerversus1.The District Collector, Office of the District Collector, Thanjavur District-613 010.2.The Chief Engineer, Public Works Department, Ground Water Division, Tharamani, Chennai-600 113.3.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai -600 032.4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Door No.3, 4th Cross Street, Sri Ram Nagar, Reddipalayam Road, Thanjavur -613 004.1/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 20215.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thanjavur-613 007.6.Sri Ammanfoods Represented by its Managing Director, 23/3D, Panaiyur Road, Kaduveli Thiuvaiyaru (Tk), Thanjavur-613204.7.Ambal Aqua Represented by its Managing Director, 207 5 Main Road Ottangadu, Pattukottai Block, Thanjavur 614803.8.Amman Waters, Represented by its Managing Director, 94/10, Vilar Main Road, Vilar Village, Thanjavur 613 001.9.Amman Aqua Products Represented by its Managing Director, 92/4, Valayapatti Village, Kumbakonam Block Tk Thanjavur- 612 702.10.A.G.Water Company Represented by its Managing Director, 64/3, 64/4, Thandanthottam Panchayat, Kumbakonam Tk, Thanjavur 612204 11.Solar Aqua Minerals Represented by its Managing Director 19/7A & 7C, Ettivayal Village Sethubavasamuthiram Block, Andikkadu Post, Pattukottai Tk Thanjavur- 614232.2/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202112.Arul Food Products, Represented by its Managing Director, No.25, Kalaivanar Nagar Kattur, Thiruchirappalli 620 019.13.Nova Aqua Tech, Represented by its Managing Director, 90/4, Thiyagi Celladurai Nagar, Nanjikottai, Thanjavur 613006.14.Vinayaga Food Products, Represented by its Managing Director, 106/A, Pannavayal Road, Pattukottai, Thanjavur -614601.15. Riche Beverages Represented by its Manging Director, 3/351, Main Road, Parakalakottai, Village, Pattukottai, Tk Thanjavur -614613.16.S.R.K Aqua Products Represented by its Managing Director, 123 B2, 3, 4, Rajaviduthi Thirvonam Block, Orathanaud, Tk Thanjavur -614614.17.OM Industries, Represented by its Managing Director, 96/2B Puthupadaiyur Village Main Road, Kumbakonam-612001.18.Anu Aqua Products, Represented by its Managing Director, 308/1B, Krishnapuram Village, Kumbakonam Tk 612302.3/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202119.Triple Aqua Products, Represented by its Managing Director, 113/2, Vallam Orathanadu Road, Marungulam, Thanjavur 613006.20.Rich Farm Products, Represented by its Managing Director, 182/1, Periyar Nagar Vallam- 613403.21.Sri Guru Water, Represented by its Managing Director, 27-D, Besant Road, Kumbakonam-612302.22.Anbu Minerals Water, Represented by its Managing Director, 277/2, 277/3, North Street, Thiruvalanzuli, Kumbakonam -612302.23.A.G.Minerals, Represented by its Managing Director, 2, Dr.JJ Martin Complex, Mission Church Road, Thanjavur -613001.24.Anam Marketing, Represented by its Managing Director, TS 2050, 2051 By pass Road, Palliagraharam, Thanjavur- 613003.25.Water Cure Products, Represented by its Managing Director, Keerthana Water Products, 134b/10, Plot 3 & Kamakoti Nagar Pillayarpatti-613403.4/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202126.Krish Water Company Represented by its Managing Director, Papanasam Main Road, Thiupalathurai Papanasam Tk, Thanjavur- 627425.27.Masil Aqua, Represented by its Managing Director, No.321/1, 1st Cross Street Masil Nagar, Thiruvisanallur, Thiruvidaimarudur Tk, Thanjavur -612 105.28.Vishwa's Minerals & Botling, Represented by its Managing Director, Company No.95/4, Kallur Village, Kumbakonam-612503.29.Pure One Products, Represented by its Managing Director, 2/372, Main Road, Baburajapuram, Kumbakonam-612302.30.3 Tech Aqua Industries, Represented by its Managing Director, Sadaiyar Koil Road, Thirubuvanam, Saliyamangalam, Papanasam Tk, Thanjavur-613 504.31.Solympic Sprink Drinking Water Company, Represented by its Managing Director, Es Pattukottai Road, Adhirampattinam, Thanjavur-614 701.5/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202132. Transparency Minerals Pvt. Ltd. Represented by its Managing Director, 2/1a, Anna Nagar, Sundaraperumalkoil, Kumbakonam Tk, Thanjavur 612 302.33. Then Aqua & Beverages, Represented by its Managing Director, 22/A, Thiruppanipettai Keela Salai, Thiruvidaimarudur-612 104.34.GS Products, Represented by its Managing Director, 3/780, Nadu Salai, Mangudi Village, Valayapettai, Thanjavur-612 702.35.Soundarya Aqua Products, Represented by its Managing Director, 7a, Cidco Industrial Estate Nanjikottai Village, Thanjavur -613 006.36.Mahalakshmi Water Plant, Represented by its Managing Director, No.6/1425-3, Chettimandapam Bypass Road, Koranattu, Karuppur, Kumbakonam (Tk), Thanjavur- 612 401.37.Keerthana Water Products, Represented by its Managing Director, Plot No.3 & 4, Kamakodi Nagar, Pillyarpatti, Thanjavur - 613403.6/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202138.Shanmuga Aqua Industries, Represented by its Managing Director, No.2a/2891, Srinivasa Pillai Road, Thanjavur-613001.39.Jenefiers Beverages, Represented by its Managing Director, 163B/10B & 163C/3&4A, Matha Koil Street Mappilai Naicken, Patti Ravusapatti, Thanjavur- 613403. ... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents 1 to 5, to take immediate action to; restrain the operation of all the illegal water manufacturing units in the District of Tanjore, including respondents 6 to 39, for operating without required permission from the Public Works Department and Consent (Under the Air and Water Act) from the Tamil nadu Pollution Control Board. For the Petitioner :Mr. Md.Arshadullah Sheriff For the Respondents :Mr.K.Karthik Jaganath Government Advocate for respondents 1 and 2 Mrs.Shanmugavalli Sekar Standing Counsel for TNPCB for respondents 3 and 4 Mr.J.Madhu for respondents 9 to 11, 13 to 17, 19, 24, 27, 28, 34, 37, 39 Mr.D.B.R.Prabhu Standing Counsel TNBB7/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021 for fifth respondent No appearance- respondents 6, 7, 8, 12, 18, 20, 22, 25, 26, 29, 30, 35 and 36 Not ready Reg respondents 21, 23, 31 to 33 and 38 ORDER (Made by the Hon'ble Acting Chief Justice) This writ petition has been filed for a direction to the respondents 1 to 5, to take immediate action to restrain the operation of all the illegal water manufacturing units in the District of Tanjore, including respondents 6 to 39, for operating without required permission from the Public Works Department and Consent (Under the Air and Water Act) from the Tamil nadu Pollution Control Board. 2. A counter-affidavit has been filed by the Tamil Nadu Pollution Control Board on 29.09.2021. In paragraph Nos.9 and 10 of the said counter affidavit, it is stated as follows:"9. It is respectfully submitted that the present status of the Water Packaging Industries 8/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021who have been included as respondents in WP No.6776 of 2021 vide Sl.No.6 to 39 except Sl.No.12 is as follow. The bore wells of all the respondent industries are in sealed condition by the Public Works Department Ground Water Division based on the decision of the District level monitoring committee.10. ........respondent industries vide Sl.No.8,10,13,14,16,17,19,21,22,23,24,25,26,27, 28, 30, 31, 35 and 37 have applied for consent of the Board under the Water (P&CP) Act 1974 and the Air (P&CP) Act 1981 and the applications have been returned for want of valid No Objection Certificate from PWD for the drawl of ground water. The respondent industries vide Sl No.6,7,9,11,15,18,36,38 and 39 have not applied for consent of the Board so far. It is submitted that as and when the consent application is made, the same will be considered in accordance with law."3. In such circumstances, the prayer as sought for in the writ petition has become infructuous. Hence, the writ petition stands dismissed as infructuous. For any other relief, it is for the petitioner to work out his remedy before the appropriate forum. There shall be no order as to costs. (D.K.K., ACJ.) (K.B., J.) 25.07.2024 9/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021Index : Yes/NoNeutral Citation : Yes/NomrnTo1.The District Collector, Office of the District Collector, Thanjavur District-613 010.2.The Chief Engineer, Public Works Department, Ground Water Division, Tharamani, Chennai-600 113.3.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai -600 032.4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Door No.3, 4th Cross Street, Sri Ram Nagar, Reddipalayam Road, Thanjavur -613 004.5.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thanjavur-613 007.10/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021THE HON'BLE ACTING CHIEF JUSTICEandK.KUMARESH BABU,J.(mrn)WP No.6776 of 202125.07.202411/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202112/12

WP No.6776 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.07.2024CORAM:THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICEANDTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUWP No.6776 of 2021T.Sankar ... Petitionerversus1.The District Collector, Office of the District Collector, Thanjavur District-613 010.2.The Chief Engineer, Public Works Department, Ground Water Division, Tharamani, Chennai-600 113.3.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai -600 032.4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Door No.3, 4th Cross Street, Sri Ram Nagar, Reddipalayam Road, Thanjavur -613 004.1/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 20215.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thanjavur-613 007.6.Sri Ammanfoods Represented by its Managing Director, 23/3D, Panaiyur Road, Kaduveli Thiuvaiyaru (Tk), Thanjavur-613204.7.Ambal Aqua Represented by its Managing Director, 207 5 Main Road Ottangadu, Pattukottai Block, Thanjavur 614803.8.Amman Waters, Represented by its Managing Director, 94/10, Vilar Main Road, Vilar Village, Thanjavur 613 001.9.Amman Aqua Products Represented by its Managing Director, 92/4, Valayapatti Village, Kumbakonam Block Tk Thanjavur- 612 702.10.A.G.Water Company Represented by its Managing Director, 64/3, 64/4, Thandanthottam Panchayat, Kumbakonam Tk, Thanjavur 612204 11.Solar Aqua Minerals Represented by its Managing Director 19/7A & 7C, Ettivayal Village Sethubavasamuthiram Block, Andikkadu Post, Pattukottai Tk Thanjavur- 614232.2/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202112.Arul Food Products, Represented by its Managing Director, No.25, Kalaivanar Nagar Kattur, Thiruchirappalli 620 019.13.Nova Aqua Tech, Represented by its Managing Director, 90/4, Thiyagi Celladurai Nagar, Nanjikottai, Thanjavur 613006.14.Vinayaga Food Products, Represented by its Managing Director, 106/A, Pannavayal Road, Pattukottai, Thanjavur -614601.15. Riche Beverages Represented by its Manging Director, 3/351, Main Road, Parakalakottai, Village, Pattukottai, Tk Thanjavur -614613.16.S.R.K Aqua Products Represented by its Managing Director, 123 B2, 3, 4, Rajaviduthi Thirvonam Block, Orathanaud, Tk Thanjavur -614614.17.OM Industries, Represented by its Managing Director, 96/2B Puthupadaiyur Village Main Road, Kumbakonam-612001.18.Anu Aqua Products, Represented by its Managing Director, 308/1B, Krishnapuram Village, Kumbakonam Tk 612302.3/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202119.Triple Aqua Products, Represented by its Managing Director, 113/2, Vallam Orathanadu Road, Marungulam, Thanjavur 613006.20.Rich Farm Products, Represented by its Managing Director, 182/1, Periyar Nagar Vallam- 613403.21.Sri Guru Water, Represented by its Managing Director, 27-D, Besant Road, Kumbakonam-612302.22.Anbu Minerals Water, Represented by its Managing Director, 277/2, 277/3, North Street, Thiruvalanzuli, Kumbakonam -612302.23.A.G.Minerals, Represented by its Managing Director, 2, Dr.JJ Martin Complex, Mission Church Road, Thanjavur -613001.24.Anam Marketing, Represented by its Managing Director, TS 2050, 2051 By pass Road, Palliagraharam, Thanjavur- 613003.25.Water Cure Products, Represented by its Managing Director, Keerthana Water Products, 134b/10, Plot 3 & Kamakoti Nagar Pillayarpatti-613403.4/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202126.Krish Water Company Represented by its Managing Director, Papanasam Main Road, Thiupalathurai Papanasam Tk, Thanjavur- 627425.27.Masil Aqua, Represented by its Managing Director, No.321/1, 1st Cross Street Masil Nagar, Thiruvisanallur, Thiruvidaimarudur Tk, Thanjavur -612 105.28.Vishwa's Minerals & Botling, Represented by its Managing Director, Company No.95/4, Kallur Village, Kumbakonam-612503.29.Pure One Products, Represented by its Managing Director, 2/372, Main Road, Baburajapuram, Kumbakonam-612302.30.3 Tech Aqua Industries, Represented by its Managing Director, Sadaiyar Koil Road, Thirubuvanam, Saliyamangalam, Papanasam Tk, Thanjavur-613 504.31.Solympic Sprink Drinking Water Company, Represented by its Managing Director, Es Pattukottai Road, Adhirampattinam, Thanjavur-614 701.5/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202132. Transparency Minerals Pvt. Ltd. Represented by its Managing Director, 2/1a, Anna Nagar, Sundaraperumalkoil, Kumbakonam Tk, Thanjavur 612 302.33. Then Aqua & Beverages, Represented by its Managing Director, 22/A, Thiruppanipettai Keela Salai, Thiruvidaimarudur-612 104.34.GS Products, Represented by its Managing Director, 3/780, Nadu Salai, Mangudi Village, Valayapettai, Thanjavur-612 702.35.Soundarya Aqua Products, Represented by its Managing Director, 7a, Cidco Industrial Estate Nanjikottai Village, Thanjavur -613 006.36.Mahalakshmi Water Plant, Represented by its Managing Director, No.6/1425-3, Chettimandapam Bypass Road, Koranattu, Karuppur, Kumbakonam (Tk), Thanjavur- 612 401.37.Keerthana Water Products, Represented by its Managing Director, Plot No.3 & 4, Kamakodi Nagar, Pillyarpatti, Thanjavur - 613403.6/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202138.Shanmuga Aqua Industries, Represented by its Managing Director, No.2a/2891, Srinivasa Pillai Road, Thanjavur-613001.39.Jenefiers Beverages, Represented by its Managing Director, 163B/10B & 163C/3&4A, Matha Koil Street Mappilai Naicken, Patti Ravusapatti, Thanjavur- 613403. ... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents 1 to 5, to take immediate action to; restrain the operation of all the illegal water manufacturing units in the District of Tanjore, including respondents 6 to 39, for operating without required permission from the Public Works Department and Consent (Under the Air and Water Act) from the Tamil nadu Pollution Control Board. For the Petitioner :Mr. Md.Arshadullah Sheriff For the Respondents :Mr.K.Karthik Jaganath Government Advocate for respondents 1 and 2 Mrs.Shanmugavalli Sekar Standing Counsel for TNPCB for respondents 3 and 4 Mr.J.Madhu for respondents 9 to 11, 13 to 17, 19, 24, 27, 28, 34, 37, 39 Mr.D.B.R.Prabhu Standing Counsel TNBB7/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021 for fifth respondent No appearance- respondents 6, 7, 8, 12, 18, 20, 22, 25, 26, 29, 30, 35 and 36 Not ready Reg respondents 21, 23, 31 to 33 and 38 ORDER (Made by the Hon'ble Acting Chief Justice) This writ petition has been filed for a direction to the respondents 1 to 5, to take immediate action to restrain the operation of all the illegal water manufacturing units in the District of Tanjore, including respondents 6 to 39, for operating without required permission from the Public Works Department and Consent (Under the Air and Water Act) from the Tamil nadu Pollution Control Board. 2. A counter-affidavit has been filed by the Tamil Nadu Pollution Control Board on 29.09.2021. In paragraph Nos.9 and 10 of the said counter affidavit, it is stated as follows:"9. It is respectfully submitted that the present status of the Water Packaging Industries 8/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021who have been included as respondents in WP No.6776 of 2021 vide Sl.No.6 to 39 except Sl.No.12 is as follow. The bore wells of all the respondent industries are in sealed condition by the Public Works Department Ground Water Division based on the decision of the District level monitoring committee.10. ........respondent industries vide Sl.No.8,10,13,14,16,17,19,21,22,23,24,25,26,27, 28, 30, 31, 35 and 37 have applied for consent of the Board under the Water (P&CP) Act 1974 and the Air (P&CP) Act 1981 and the applications have been returned for want of valid No Objection Certificate from PWD for the drawl of ground water. The respondent industries vide Sl No.6,7,9,11,15,18,36,38 and 39 have not applied for consent of the Board so far. It is submitted that as and when the consent application is made, the same will be considered in accordance with law."3. In such circumstances, the prayer as sought for in the writ petition has become infructuous. Hence, the writ petition stands dismissed as infructuous. For any other relief, it is for the petitioner to work out his remedy before the appropriate forum. There shall be no order as to costs. (D.K.K., ACJ.) (K.B., J.) 25.07.2024 9/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021Index : Yes/NoNeutral Citation : Yes/NomrnTo1.The District Collector, Office of the District Collector, Thanjavur District-613 010.2.The Chief Engineer, Public Works Department, Ground Water Division, Tharamani, Chennai-600 113.3.The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai -600 032.4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Door No.3, 4th Cross Street, Sri Ram Nagar, Reddipalayam Road, Thanjavur -613 004.5.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Thanjavur-613 007.10/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 2021THE HON'BLE ACTING CHIEF JUSTICEandK.KUMARESH BABU,J.(mrn)WP No.6776 of 202125.07.202411/12 https://www.mhc.tn.gov.in/judis WP No.6776 of 202112/12