M JOSEPH RATHNASAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, calling for the records of the Second Respondent in Consent Order No. 007 dated 30. 01. 2002 and to quash the same and forebear the Respondents 1 to 4 from according any approval to the Sixth Respondent for running a manufacturing unit in R. S. Nos. 10,11 and 13 in Melamathur Village, Madurai.

(2.) THE Petitioner is the Executive Director of a Three Star Hotel Germanus Days Inn, which is situated in the outskirts of Madurai City surrounded by Nagamalai Hills, about 6 K. Ms away from Madurai. The Petitioner has constructed Hotel in that area only on account of the scenic surrounding. The Fifth Respondent owns about Three acres of land comprised in Survey Nos. 10,11 and 13 in Melamattur Village, which is one of the villages in Revenue village Pulluttu. Pulluttu also attracts lot of local tourists because of the natural spring Nagar Theertham. The Sixth Respondent / Meron Biopolymers being a Company having its office at Cochin is manufacturing the products from Sea Weeds. The Fifth Respondent has entered into an agreement with the Sixth Respondent for a small portion. Later, the Petitioner has found that the Sixth Respondent has put up a big manufacturing unit, which is to be processed from out of the Sea Weeds to be used for the manufacture of Pharmaceuticals. The Unit requires about 50,000 litres of Water. Consumption of such huge quantity of Water would cause diminution of the Ground Water table.

(3.) THE Petitioner contends that the Industry now sought to be set up by the Sixth Respondent is a Chemical Unit which generates polluted effluents, falling within G. O. Ms. No. 213 Environment and Forests (EC-1) dated 30. 03. 1989, which prohibits establishments of Industries as listed in Annexure I within 1 K. M from the embankments of the water sources mentioned in Annexure 2 of the Notification. The Fifth Respondent has not permitted the Sixth Respondent to construct such a huge factory as they had only executed a lease in respect of a small shed and residential unit in S. No. 11 of Melamattur Village. The Second Respondent has issued the Consent Order dated 30. 01. 2002, on the basis of which, the Sixth Respondent appears to be proceeding with the construction. The Consent Order issued by the Second Respondent has been granted only under Sec. 21 of the AIR (Prevention and Control of Pollution) Act 1981 (hereinafter referred to as AIR (P and CP)Act) and not under the Water (Prevention and Control of Pollution) Act 1974 (hereinafter referred to as Water (Pandcp)Act ). On the facts and circumstances, the Second Respondent cannot give the Consent Order to the Sixth Respondent for putting up such Industry as it is within 2 K. Ms from the River Vaigai, thereby attracting the Prohibition under G. O. Ms. 213 Environment and Forests (EC-1) dated 30. 03. 1989 and G. O. Ms. No. 127 Environment and Forests (EC-3) dated 08. 05. 1998. The Petitioner prays for issuance of a Writ contending that the Industrial Unit put up by the Sixth Respondent and the effluents would be great intensity affecting the Ground Water and the Air in and around the area would also be polluted.