Arasu Soman v. The Sub-Divisional Magistrate, Devakottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P. .No.11073 of 2018 andW.M.P.(MD).Nos.10147 to 10149 of 2018 Arasu Soman,S/o.Soman, District Convener,Aam Aadmi Party,KVC Tower, College Road,Near Income Tax Office,Karaikudi, Sivagangai District.: Petitioner Vs. 1. The Sub-Divisional Magistrate, Devakottai. 2. The Superintending Engineer, Public Works Department, WRO, Lower Vaigai Basin Circle, Sivagangai. 3. The Managing Director, The TCP Limited, "Sapthagiri Bhavan", New No.4, Old No.10, Karpagambal Nagar, Mylapore, Chennai 600 004.: Respondents PRAYER: Petition filed under Article 226 of the Constitution ofIndia to issue a Writ of Mandamus directing the first respondent toinvoke the Section 133 Cr.PC., in order to ensure unpolluted soiland ground water based on the report of the Central PollutionControl Board, dated 17.11.2015. https://hcservices.ecourts.gov.in/hcservices/ For petitioner: Mr.RM.Arun Swaminathan For respondents 1&2 : Mr.M.Pandiarajan Additional Government PleaderFor Respondent No.3 : Mr.R.Parthasarathy O R D E R *********** [Order of the Court was made by C.T.SELVAM, J.] This Writ Petition informs of much environmental harm beingcaused by the third respondent company and seeks a Writ of Mandamusdirecting the first respondent to invoke Section 133 of the Code ofCriminal Procedure, in order to ensure unpolluted soil and groundwater based on the report of the Central Pollution Control Board,dated 17.11.2015. 2. It is seen that the issue has engaged the attention of theNational Green Tribunal. Learned counsel for the petitioner submitsthat being dissatisfied with the reports submitted by the Tamil NaduPollution Control Board, the National Green Tribunal, as part of itsproceedings dated 14.09.2015, had directed the Central PollutionControl Board to file a report to the National Green Tribunal andpursuant to the receipt of such report, the National Green Tribunalhas disposed of the matter, directing inter alia as follows:- "To take steps to remove accumulated silt inPeriya Kanmoi which is contributing obnoxious odour inthe surrounding, the removed silt shall be analyzed,if it contains any harmful chemicals the same shall besent to TSDP, after obtaining permission from TNPCB. To take steps to restore ground water quality inthe Kovilur Village, which is located adjacent toPeriya Kanmoi and contaminated due to stagnation ofpolluted water in the Periya Kanmoi. To take up detailed ground water quality studythrough either National Ground Water ResearchInstitute, Hyderabad or through any reputed institutesto ascertain the extent of ground water pollution totake up remediation of the same to restore the waterquality in the area". https://hcservices.ecourts.gov.in/hcservices/ 3. Learned counsel for the petitioner does not dispute positionthat the National Green Tribunal has powers to enforce thecompliance of its orders. When so, this Court considers this WritPetition untenable. Accordingly, the Writ Petition shall standdismissed. No costs. Consequently, connected Miscellaneous Petitionsare closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The Sub-Divisional Magistrate, Devakottai. Devakottai. 2. The Superintending Engineer, Public Works Department, WRO, Lower Vaigai Basin Circle, Sivagangai. +3 CC to Mr.ARUN SWAMINATHAN, Advocate in SR.No.71840,71665 +1 CC to Mr.R.PARTHASARATHY, Advocate in SR.No.71378 +1 CC to Mr.M.PANDIARAJAN, Advocate in SR.No.71745 +1 CC to the Special Government Pleader, SR.No.71520 NB RJ/SKN/RSK/SAR-3/17/07/2018 - 3P/9C ORDER MADE IN W.P. .No.11073 of 2018 05.07.2018