Madrasdated High Court · 2025

WP No. 14802 of 2024bogus documents to the 9th respondent for getting EB Service connection, by considering the petitioner's representations dated 25.03.2024, 30.03.2024, 02.04.2024, 04.04.2024, 15.04.2024, 04.05.2024, 14.05.2024, 16.05.2024 and 21.05.2024.WP No. 34668 of 2024PRAYERDirecting the respondents 1 to 8 herein to initiate action against the 9th respondent for causing hazardous pollution by issue an order of lock and seal for not obtained Planning Permission under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971 and for having not classified the Agricultural land as mandated under rule 3 of the Tamil Nadu Change of Land Use (From Agricultural to Non Agricultural purposes in Non Planning Areas) Rules, 2017.WP No. 14802 of 2024For Petitioner(s):Mr.N. ManoharanFor Respondent(s):Mr. M.R. G.Ameedius, Government Advocate For Rr1 To 5 Mr. C.Selvaraj,Additional Government Pleader For R6 , No appearance For R 7,Mr. V. Gunasekar Standing Counsel For TNPSC For R8 Mr. I. Syed Sibghatulla, Standing Counsel For R9 Mr. D. Veerasekaran, For R10 and 11.WP No. 34668 of 2024For Petitioner(s):Mr.E.P.SenniuangiriFor Respondent(s):Mr. M.R. G.Ameedius, Government Advocate For Rr1, 2, 7 & 8 Mr. C.Selvaraj,Additional Government Pleader For R3 , https://www.mhc.tn.gov.in/judis WP No. 14802 of 2024No appearance For R 4,Mr. V. Gunasekar Standing Counsel For TNPSC For R5 Mr. I. Syed Sibghatulla, Standing Counsel For R6COMMON ORDER(Order of the Court was made by S.M.Subramaniam J.)The Writ of Mandamus in W.P.No.34668 of 2024 has been filed to direct the Respondents 1 to 9 to take immediate action against the respondents 10 and 11 by closing and sealing their red category industry at 301/3A, Thiruvalluvar Nagar, Perumugal B Village, Gobichettipalayam Taluk, Erode District, for want of building/planning permission from the respondents 5 to 7, consent to operate/establish from the 8th respondent and for producing bogus documents to the 9th respondent for getting EB Service connection, by considering the petitioner's representations dated 25.03.2024, 30.03.2024, 02.04.2024, 04.04.2024, 15.04.2024, 04.05.2024, 14.05.2024, 16.05.2024 and 21.05.2024 in W.P.No.14802 of 2024. 2.The Writ of Mandamus in W.P.No.14802 of 2024 has been instituted to direct the respondents 1 to 8 herein to initiate action against the 9th respondent for causing hazardous pollution by issue an order of lock and seal for not obtained Planning Permission under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971 and for having not classified the Agricultural land as mandated under rule 3 of the Tamil Nadu Change of Land Use (From https://www.mhc.tn.gov.in/judis WP No. 14802 of 2024Agricultural to Non Agricultural purposes in Non Planning Areas) Rules, 2017 in W.P.No.34668 of 2024.3.The petitioner in W.P.No.14802 is the owner of the lands measuring 47.50 cents in S.F.No.301/3B, Perumugai (B) Village, Gobichettipalayam Taluk, Erode District. There is a residential house in which the petitioner is residing. He is doing cultivation in the land. However, Respondents 10 and 11 have unauthorizedly constructed a building and are operating an industry in violation of building rules and other laws, including those related to pollution. Notably, they have not obtained the necessary change of use for the land, which remains classified as agricultural land. Without converting the land's classification, utilizing it for industrial purposes is impermissible. Thus, Respondents 10 and 11 have violated the relevant Acts and Rules.4.The 5th respondent/Deputy Director, District Town and Country Planning Office filed a counter affidavit stating as follows,“3. It is respectfully submitted that the answering respondent DEE TNPCB, Perundurai deny all the averments contained in the affidavit except those that are specifically admitted hereinafter. None of the allegations contained in the said affidavit shall be deemed to be admitted merely for want of a specific denial/traverse.4. It is respectfully submitted that, the answering respondent submit the brief facts of the https://www.mhc.tn.gov.in/judis WP No. 14802 of 2024case as response to the averments contained in the affidavit.5. It is respectfully submitted that the eighth respondent DEE, TNPCB, Perundurai received apublic complaint on 25.03.2024 from Tmt.Poornima residing at D.No.374, Thiruvalluvar Nagar, Kallipatti, Gobichettipalayam Taluk, Erode District against the unit M/s.Siva Sakthi Spinners, S.F. No. 301/3, Perumugai Village, Gobichettipalayam Taluk, Erode District (which is located adjacent to her residence) regarding the operation of the spinning mill which causes noise pollution in the nearby area. Based on the public complaint, the unit M/s. Siva Sakthi Spinners was inspected by the official of the eighth respondent O/o. DEE, TNPCB, Perundurai on 30.03.2024 and the following were observed.i. The unit was under operation, carrying out the activity of spinning of polyester yarn.ii. The unit has established and installed machinery for carrying out the activity of spinning of polyester yarn without obtaining prior consent of the Board.iii. The unit has installed machinery such as blow room, conveyors, carding machine (3 Nos.), drawing machine (2 Nos.), simplex andspinning frame for carrying out the activity of spinning of polyester yarn.iv. The unit has provided a common dust evacuation system to control fugitive emissions from carding and drawing machines and overhead dust https://www.mhc.tn.gov.in/judis WP No. 14802 of 2024collection system for simplex and spinning frames.v. The suction activity of the common dust evacuation system, which collects the polyester waste fibres, is located outside the unit on the western side near the complainant's house, which is observed to be causing noise pollution to the nearby area.6. It is respectfully submitted that based on the inspection, vide proceeding dated 01.04.2024 show cause notice was issued to the unit for operating the unit without obtaining consent of the Board. The unit vide letter dated 15.04.2204 furnished reply for the show cause notice requesting one month time for controlling the noise and air pollution efcaused by the unit and to apply for the consent to operate of the Board.”5. Reading of the above paragraphs in the counter affidavit would reveal that the building is wholly unauthorised and further it is utilised for industrial purposes, which is prohibited under law. That being so, the respondents 1 to 9 are directed to initiate enforcement action to demolish the unauthorised construction and initiate all appropriate action to ensure that no industrial activities are permitted in the said land. 6. However, it is made clear that the interim order granted by this Court not to run the industrial activities shall continue till such time the unauthorised constructions are demolished. The said exercise is directed to be completed within a period of three months from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis WP No. 14802 of 20247. In view of the order passed in this Writ Petition, no further orders are required in the other Writ Petition filed by the petitioner in W.P.No.34668 of 2024.8. Accordingly, W.P.No.14802 of 2024 stands allowed and W.P.No.34668 of 2024 stands closed. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed.(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.)30-04-2025gdIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1.The District Collector,Collectorate, Erode -638 011.2.The Joint Director,Agricultural Department, Vidya Nagar, Thindal Medu -638 012, Erode District.3.The Revenue Divisional Officer,Gobichettipalayam -638 452, Erode District. https://www.mhc.tn.gov.in/judis WP No. 14802 of 20244.The Revenue Tahsildar,Gobichettipalayam Taluk, Erode District -638 452.5.The Deputy Director,District Town And Country Planning, Sampath Nagar, Erode -638 009.6.The Block Development Officer,(village Panchayat), Thokkanaickenpalayam Union, Thookanaickenpalayam -638 506, Erode District.7.The Perumugal Village Panchayat,Rep. By Its President, Perumugai -638 505, Gobichettipalayam Taluk, Erode District.8.The District Environmental Engineer,Tamil Nadu Pollution Control Board, Plot Noj-2(w), Sipcot Industrial Estate, Coimbatore Main Road, Olapalayam Post, Perundurai -638 052, Erode District.9.The Executive Engineer,Tamil Nadu Generation And Distribution Corporation, Gobichettipalayam Distribution Circle, Gobichettipalayam -638 452, Erode District.10.M/s.Siva Sakthi Spinners,Rep. By Its Partner E.R. Moha, Sf 301/3a, Thiruvalluvar Nagar, https://www.mhc.tn.gov.in/judis WP No. 14802 of 2024Perumugai B Village, Kallipatti, Gobichettipalayam Taluk -638 505, Erode District.11.K.K.Shanmugam,S/o. K.Karuppanna Gounder, Sf 301/3a, Thiruvalluvar Nagar, Perumugai B Village, Kallipatti, Gobichettipalayam Taluk -638 505, Erode District.12.The PresidentPerumugai Village Panchayat, Gobichettipalayam Taluk, Erode District.13.The TahsildharGobichettipalayam Taluk, Erode District. https://www.mhc.tn.gov.in/judis WP No. 14802 of 2024S.M.SUBRAMANIAM J.ANDK.RAJASEKAR J.WP No. 14802 of 2024 &WP NO. 34668 OF 2024,30-04-2025