Madras High Court
Federation Of Tamil Nadu Rice Mill ... vs The District Collector on 27 April, 2023
W.P.No.19685 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.No.19685 of 2022
and
W.M.P.Nos.19011 & 19012 of 2022
Federation of Tamil Nadu Rice Mill Owners &
Paddy-Rice Dealers Association,
[Regn. No.400/2012]
Rep. by its President,
D.Thulasingam,
No.491, GNT Road, Balaji Nagar,
Puzhal,
Chennai – 600 066. .. Petitioner
Vs.
1.The District Collector,
Office of the District Collector,
Vengikkal,
Tiruvannamalai District – 606 604.
2.The Chief Engineer,
State Ground and Surface Water Resources,
Data Centre, Tharamani,
Chennai – 600 113.
3.The Chairman,
Tamil Nadu Pollution Control Board,
76, Mount Salai, Guindy,
Chennai – 600 032.
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W.P.No.19685 of 2022
4.The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
541/B, Ashok Nagar, Venkikal,
Thiruvannamalai District – 606 604.
5.Edwin Wilson
6.The Secretary,
Water Resources Department,
Fort St. George, Secretariat,
Chennai – 600 009. .. Respondents
(R6 suo motu impleaded vide order of
this Court dated 13.10.2022 made in
W.P.No.19685 of 2022)
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorari, to call for the records
of the order dated 29.03.2022 passed in O.A.No.167 of 2021 (SZ) by the
National Green Tribunal (SZ), Chennai and quash the same.
For Petitioner : Mr.K.S.Viswanathan
Senior Counsel
for Ms.T.Hemalatha
For RR 1, 2 & 6 : Mr.E.Vijay Anand
Additional Government Pleader
For RR 3 & 4 : Mr.M.R.Gokul Krishnan
for Ms.Shanmugavalli Sekar
Standing Counsel for TNPCB
For R5 : Mr.S.Kamalesh Kannan
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W.P.No.19685 of 2022
ORDER
(Order of the Court was delivered by V.LAKSHMINARAYANAN,J.)
The petitioner impugned the order of the National Green Tribunal
(SZ) in O.A.No.167 of 2021 (SZ), dated 29.03.2022.
2.In the light of the order we are going to pass infra, we are not
going into the merits of the dispute.
3.Proceedings had been initiated before the National Green
Tribunal (SZ) in O.A.No.167 of 2021 by one Edwin Wilson. To the said
proceedings, neither the Writ Petitioner nor any other person who would
be likely to be affected by any order passed, were made parties to the
same. Without consideration of this fact, the Original Application came
to be allowed whereby, adverse orders had been passed as against rice
mill owners.
4.The petitioner is a federation of rice mill owners and they plead
violation of principles of natural justice in this matter.
5.We have gone through the impugned order and the averments
made by the petitioner seem to be true. Only the state respondents had
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W.P.No.19685 of 2022
been made as parties and none of the affected parties have been
impleaded or represented in a representative manner, as in the present
Writ Petition.
6.Following the judgment of the Supreme Court in C.A.No.6642 of
2022 dated 20.01.2023, where the Supreme Court had passed the
following order:
“5. Though, it is pointed by the learned
ASG that since the ultimate order passed by the
NGT is in favour of the respondents and their
absence, at this stage would not be material, the
learned senior counsel for the appellant would
point out that such absence of the respondents
during the hearing has prejudiced the appellant
herein, who was the appellant before the NGT
since, the appellant was denied of an opportunity
of putting forth its contentions in response to the
contentions to be urged on behalf of the
respondents so as to clarify the factual position
so as to enable the NGT to take an informed
decision. In that circumstance, we feel that the
principles of natural justice would require that
an appropriate opportunity be granted to both
the parties and then, an appropriate decision be
taken by the NGT.
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W.P.No.19685 of 2022
6. Hence, without adverting to the merits
of the rival contentions, only on the procedural
aspect, we deem it appropriate to set aside order
dated 06.09.2022 passed by the NGT, Special
Bench and restore Appeal No. 48/2016(WZ) and
MA No. 212/2016(WZ) to the file of the NGT to
provide opportunity to both the parties and pass
fresh orders in accordance with law.
7. In the meanwhile, pending
consideration of the appeal by the NGT, the
benefit of the interim order dated 09.09.2022
granted by this Court on 16.09.2022 during the
pendency of this appeal shall continue till the
disposal of the appeal by the NGT, unless the
NGT deems it necessary to make such interim
order/arrangement, if any. The NGT may take up
the appeal and dispose of the same as
expeditiously as possible and in accordance with
law.”
7.In view of the said order, the order of the National Green
Tribunal (SZ) in O.A.No.167 of 2021 (SZ), dated 29.03.2022 is set aside.
The matter is remitted to the National Green Tribunal (SZ) for fresh
disposal, after hearing the writ petitioner and such other persons who
might be affected by its order.
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W.P.No.19685 of 2022
8.The National Green Tribunal (SZ) shall implead the writ
petitioner as 6th respondent to the said proceeding. It may receive a
counter that may be filed and proceed in accordance with law. The said
exercise shall be completed within a period of eight weeks from the date
of receipt of a copy of this order.
9.It is left open to the petitioner and respondents to implead any
persons, who are parties to this Writ Petition. The Tribunal can decide
whether the impleading applications that is to be filed are necessary for
the disposal of the case.
10.With the above observations, the Writ Petition is allowed.
Consequently, the connected Miscellaneous Petitions are closed. No
costs.
(V.M.V., J) (V.L.N., J)
27.04.2023
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
To
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W.P.No.19685 of 2022
1.The District Collector,
Office of the District Collector,
Vengikkal,
Tiruvannamalai District – 606 604.
2.The Chief Engineer,
State Ground and Surface Water Resources,
Data Centre, 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,
541/B, Ashok Nagar, Venkikal,
Thiruvannamalai District – 606 604.
5.The Secretary,
Water Resources Department,
Fort St. George, Secretariat,
Chennai – 600 009.
6.The National Green Tribunal,
Southern Zone, Chennai.
V.M.VELUMANI, J.
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W.P.No.19685 of 2022
and
V.LAKSHMINARAYANAN, J.
krk
W.P.No.19685 of 2022
27.04.2023
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