Madras High Court
M/S.Csd Chamber Bricks vs The Principal Secretary To The ... on 5 June, 2023
W.P.No. 13008 & 13013 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P. DHANABAL
W.P.Nos. 13008 & 13013 of 2023
and WMP.Nos.12804, 12807, 12810 and 12811 of 2023
1. M/s.CSD Chamber Bricks
Rep. By its Proprietor
P.Devaraj,
Thadagam Village,
Chinnathadagam,
Coimbatore North Taluk,
Coimbatore – 641108. ..Petitioner in W.P.No. 13008 of 2023
2. M/s. KRG Chamber Bricks
Rep. By its Proprietor
K.S.Rajkumar,
No.24, Veerapandi Village,
Coimbatore North Taluk,
Coimbatore – 641108. ..Petitioner in W.P.No. 13013 of 2023
Vs.
1.The Principal Secretary to the Government of Tamil Nadu,
Industries Department,
Government Secretariat,
Fort St.George, Chennai-600009.
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https://www.mhc.tn.gov.in/judis
W.P.No. 13008 & 13013 of 2023
2. The Secretary to the Government of Tamil Nadu
Department of Environment & Forests,
Government Secretariat, Fort St.George,
Chennai-600009.
3.The Chairperson,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai-600032.
4.The District Environment Engineer,
Tamil Nadu Pollution Control Board,
Coimbatore North,
No.5, Ramasamy Nagar,
Kavundapalayam, Coimbatore -641030.
5.The Joint Chief Environmental Engineer,
Tamil Nadu Pollution Control Board,
Coimbatore North,
4th Floor, No. 34, Bharathi Park8th Cross Street,
Saibaba Colony, Coimbatore-641011.
6.The District Collector,
Coimbatore District,
Coimbatore-641018. ...Respondents in both WPs
Prayer: Writ Petitions are filed under Article 226 of Constitution of India to
issue a writ of ceritiorarified mandamus, calling for the records of the 3rd
respondent in Proceedings T2/TNPCB/F.24093/Brickkiln /107 / CBN
/Directions/2019, dated 06.12.2022 and to quash the same as arbitrary,
unjust and illegal.
For Petitioners : Mr. Muralikumar, Senior Counsel
(in Both WPs)
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https://www.mhc.tn.gov.in/judis
W.P.No. 13008 & 13013 of 2023
For Respondents : Mr.J.Ravindran, AAG
(in Both Wps) Assisted by Mrs.Shanmugavalli Sekar, -
R2 to R5
Mr.A.Selvendran, Spl.GP – R1 & R6
COMMON JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR, J.
Challenging the penalty order dated 06.12.2022 issued by the 3rd
respondent, these writ petitions are filed.
2. The petitioners' unit are brick manufacturing units and involved in
the quarrying of brick earth. The said unit were closed by the District
Collector by order dated 13.03.2021 for not having necessary registration
certificate and permission for quarrying brick earth. Thereafter, the 3rd
respondent has served show cause notice dated 25.07.2022 on the
petitioners' unit asking to show cause why a purported environmental
compensation of Rs.32,06,250/- should be levied under Environmental
Protection Act,1986.
https://www.mhc.tn.gov.in/judis
W.P.No. 13008 & 13013 of 2023
3. The learned counsel for the petitioners has submitted that earlier a
batch of writ petitions have been filed before this Court in W.P.Nos. 34307
of 2022 etc., batch. The Hon'ble Division Bench of this Court after elaborate
discussions, by order dated 27.04.2023, has allowed the writ petitions by
giving directions to the authorities concerned .
4. The learned counsel appearing for the petitioners submitted that the
directions issued by this Court in the said order is squarely applicable to the
facts of the cases on hand, therefore similar relief may be granted in the
present writ petitions. Relevant portion of the order is extracted hereunder;
“43. In fine, we hold as follows:-
(1) In terms of the delegated power under Section 5 r/w 23 of the
Environment (Protection) Act, 1986, the Chairman, Tamil Nadu
Pollution Control Board, is entitled to levy damages / penalty /
compensation.
(2) The Chairman, Tamil Nadu Pollution Control Board, prior to
fixing damages, shall strictly follow the methodology given by the
Central Pollution Control Board's In-house Committee for
assessing environmental compensation and action plan in
particular, as per Guidelines 1.3.2 .
https://www.mhc.tn.gov.in/judis
W.P.No. 13008 & 13013 of 2023
(3) Copy of the Report of the Committee appointed by the
Chairman, TNPCB, under Guidelines 1.3.2, shall be given to each
of the units.
(4) The Chairman, Tamil Nadu Pollution Control Board need not
give a personal hearing, however, the Committee will hear the
petitioners herein individually prior to its assessment and receive
their replies.
(5) The Chairman, Tamil Nadu Pollution Control Board shall pass
a reasoned order on all the matters individually referring to the
report as well as the objections, if any.
(6) The period of damage shall be from the date of commencement
of the operation by the individual brick kiln which can be found
out from the Annual Brick Fee paid by them or from such material
as the Chairman / the Committee so decides and shall conclude
with the date of closure passed by the District Collector,
Coimbatore, i.e., 13.06.2021.
(7) The said exercise shall be concluded within a period of six
months from the date of receipt of a copy of this order. Till the
completion of the assessment by the Committee, the parties shall
maintain status quo. “
https://www.mhc.tn.gov.in/judis
W.P.No. 13008 & 13013 of 2023
5. The learned Standing Counsel appearing for the respondents has no
objections for the said submissions made by the learned counsel for the
petitioners' unit .
6. Considering the facts and circumstances of the case and the
submissions made by the learned counsels appearing on either side, the 3rd
respondent is directed to pass appropriate orders in light of the judgment of
the Hon'ble Division Bench of this Court passed in W.P.No.34307 of 2022
and etc., batch, as expeditiously as possible, preferably within a period of six
months from the date of receipt of a copy of this Judgment.
7. With the above, these writ petitions are allowed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
(D.K.K., J.) (P.D.B., J.)
05.06.2023
Index: Yes / No
Internet: Yes
https://www.mhc.tn.gov.in/judis
W.P.No. 13008 & 13013 of 2023
ak
To
1.The Principal Secretary to the Government of Tamil Nadu,
Industries Department,
Government Secretariat,
Fort St.George, Chennai-600009.
2. The Secretary to the Government of Tamil Nadu
Department of Environment & Forests,
Government Secretariat, Fort St.George,
Chennai-600009.
3.The Chairperson,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy,
Chennai-600032.
4.The District Environment Engineer,
Tamil Nadu Pollution Control Board,
Coimbatore North,
No.5, Ramasamy Nagar,
Kavundapalayam, Coimbatore -641030.
5.The Joint Chief Environmental Engineer,
Tamil Nadu Pollution Control Board,
Coimbatore North,
4th Floor, No. 34, Bharathi Park8th Cross Street,
Saibaba Colony, Coimbatore-641011.
6.The District Collector,
Coimbatore District,
Coimbatore-641018.
https://www.mhc.tn.gov.in/judis
W.P.No. 13008 & 13013 of 2023
D.KRISHNAKUMAR, J.
AND
P. DHANABAL, J.
ak
W.P.No. 13008 & 13013 of 2023
and
WMP.No.12804, 12807, 12810
and 12811 of 2023
05.06.2023
https://www.mhc.tn.gov.in/judis
