Beforee the National Green Tribunal Southern Zone

BEFOREE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

APPLICATION No. 10 of 2013 (SZ)

In the matter of:

1. P. Muthu, S/o. Perumal Pettiyangkadu, Agraharam Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

2. K. Ganesan S/o. Karupanna Padayatchi Therkupatti Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

3. K. Subraman S/o. Kandasamy Gounder Erikadu Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

4. V. Nagarajee, S/o. Varudhappa Gounder Thattankuttai Eri Kadakal Kadu Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

5. Kanagasabapathy, S/o. Palanivel Member of Ward No. 1 Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401 --- Applicant(s)

- Versus -

1. The Tamil Nadu Pollution Control Board Rep. by its Chairman and Member Secretary Anna Salai, Chennai – 600 032.

2. The District Environment Engineer Tamil Nadu Pollution Control Board Namakkal Town and District

3. The District Collector Namakkal District

4. The Tahsildar Rasipuram Taluk Rasipuram, Namakkal District

5. V. Marimuthu, S/o. Veerappan Dyeing Unit @ Kalarampatti Burial Ground Near Pathu Palam Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

6. Palanisamy S/o. Chennama Naicker Dyeing unit Pathu Palam Near Kalarampatti Burial Grounds Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

7. Muthusamy Muthusamy Dyeing Unit Bhuavaneswari Oil Mills Compound Kalarampatti Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

8. Nallusamy S/o. Irusappa Padayatchi Amman Dyeing Unit Senguttai Kadu (Near Adv. Dhanapal;s house) Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

9. Kumar (alias) Venkatachalam S/o. Kondappa Naicker Senguttai kad (near Adv. Dhanapal’s house) Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

10. Ravi S/o. Chennappa Naicker Senguttai Kadu (near Adv. Dhanapal’s house) Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

11. Ramasamy S/o. Chennappa Naicker Senguttai Kadu (near Adv. Dhanapal’s house) Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

12. Mani S/o. Chennappa Naicker Senguttai Ladu (near Adv. Dhanapal’s house) Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

13. Rajendran Dyeing Unit Near Nehru Nagar Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

14. Arthanari alias M. Muthusamy Ex. Councilor S/o. Masala Naicker Periyur Chandrasekarapuram P.O., Rasipuram Taluk Namakkal District – 637 401

15. Kamadhenu Dyeing Factory Bombaywala’s Garden Kattur Road Rasipuram Taluk Namakkal District – 637 408.

16. Rangalu alias Rangasamy’s Dyeing Unit Kompattik Kadu Kattur Road Rasipuram Taluk Namakkal District – 637 408.

17. Mahalingam’s Dyeing Unit Kompattik Kadu Kattur Road Rasipuram Taluk Namakkal District – 637 408.

18. Sivaraj Dyeing Unit Kompattik Kadu Kattur Road, Rasipuram Taluk Namakkal District – 637 408.

19. Ramasamy, S/o. Kodaikara Naicker Dyeing Unit, Kombattik Kadu Kattur Road, 2nd Ward Rasipuram Taluk, Namakkal District – 637 408.

20. Murugan Dyeing Unit Bombaywala’s Garden Kattur Road, Rasipuram Taluk, Namakkal District – 637 408.

21. Selvam Dyeing Unit Bombaywala’s Garden Kattur Road, Rasipuram Taluk, Namakkal District – 637 408.

22. Kumar, S/o. Subramani Vinayaka Dyeing Unit, Valli Amman Koil Road Kattur Road, Rasipuram Taluk Namakkal District – 637 408.

23. Chandra Dyeing, Chinna Panakarar Thottam Backside of Sri Vidya Mandhi School Kattur, Rasipuram Taluk Namakkal District – 637 408.

24. Chinnaraj Dyeing Unit K.C. Sengodan alias Compounder Garden Kattur Road, Rasipuram Taluk Namakkal District – 637 408.

25. Mani’s Dyeing Unit K.C. Sengodan alias Compounder Garden Kattur Road, Rasipuram Taluk, Namakkal District – 637 408.

26. Valathi (alias) Mani, Dyeing Unit K.C. Sengodan alias Compounder Garden Kattur Road, Rasipuram Taluk Namakkal District – 637 408.

27. Sakthi, S/o. Palani Naicker Sakthi Dyeing, Chinna Kinathukadu Thattankuttai Eri, Chandrasekarapuram Rasipuram Taluk, Namakkal District.

28. Chinnapaiyan (alias) Rajendran Dyeing Unit Sakthi Cottage Oil Mills Compound Near LIC, Kattur Road, Rasipuram Taluk Namakkal District. --- Respondent(s)

Counsel for the Applicant : Shri J. Srinivasa Mohan, Advocate

Counsel for the Respondents: Smt. Rita Chandrasekar, Advocate for respondent No(s). 1 and 2, M/s. M.K. Subramanian and M.R. Gokul Krishnan, Advocates for respondent Nos. 3 and 4, Shri V. Balamurugan, Advocate for respondent Nos. 5, 6, 8, 9, 10, 11, 12, 15, 16, 17, 18, 20, 21, 22, 23 and 24, M/s. C.N. Vinobha, B. Madeswaran and A. Bhoopathy, Advocates for respondent Nos. 7, 13, 19 and 27.

ORDER / JUDGEMENT

PRESENT :

Hon’ble Justice Dr. P. Jyothimani

Hon'ble Prof. Dr. R. Nagendran

Date : August 19, 2013

Justice Dr. P. Jyothimani, Judicial Member

1) This application which was transferred from the Hon’ble High Court of Madras has been filed for a direction against the 2nd respondent and 3rd 6

respondent to inspect the dying units of respondent Nos. 5 to 24 which are stated to be running without effluent treatment plant and direct the same to comply with the requirements of the Tamil Nadu Pollution Control Board (hereinafter called “Pollution Control Board”) norms. The respondent Nos. 5 to 24 are stated to be dying units in Namakkal and by virtue of their activities, the discharging of the effluents has caused environmental pollution in the Thattankulam lake situated in Chandrasekarapuram. The applicant has specifically mentioned about the 14 units and has stated that they do not have any effluent treatment facility at all and by virtue of the discharge of the effluent, there is odour and the colour of the tank water has changed and the hardness of the water has changed beyond permissible limits and this has made the applicants who are the residents of the area to approach the High Court, which in turn has transferred the application to this Tribunal.

2) After hearing the counsel appearing for the applicant as well as the respondents, we also directed in the order dated 27.8.2013, the Pollution Control Board to inspect the units especially the 9 units which are stated to be discharging effluent without proper treatment and file a report. In the order, we have also directed the Pollution Control Board to state specifically as to whether by allowing these units to carry on their work any environmental imbalance and hazards in the area would arise.

3) The learned counsel appearing for the respondent units has also stated that many of the units have been closed, even though their application for consent is pending with the Tamil Nadu Pollution Control Board. This is due to the reason that the treatment plant has not been properly functioning and they are also taking steps by approaching the Tamil Nadu Pollution Control Board in respect of pending consent applications.

4) In fact, the respondents except the 14, 25, 26 and 27 have filed an affidavit to the effect that they are not functioning as on date and their

applications for consent are pending before the Pollution Control Board. They have also stated in the affidavit that till the Pollution Control Board orders are obtained, they will not start the functioning of the units.

5) Pursuant to our orders dated 23rd July 2013 directing the Pollution Control Board to inspect the 24 units located in the said area, the Pollution Control Board has filed a status report dated 14.8.2013 and ultimately stated that all the following 9 units are closed:

1. M/s. Srinivasa Dyeing Unit, Chandrasekarapuram Post 2. M/s. Sri Rajeswari Saya Salai (Amman Dyeing Unit), Chandrasekarapuram Post 3. M/s. Kamadhenu Dyeing Factory (Cotton Dyeing), Kattur Road 4. M/s. Boopathy Dyeing Unit, Kattur Road 5. M/s. Ravi Dyeing Works, Kompattik Kadu, Kattur Road 6. M/s. Vinayaka Dyeing Unit, Kattur Road 7. M/s. Uthaya Kumar Salavai Salai, Kattur Road 8. M/s. Vijayalakshmi Bleaching, Kattur Road 9. M/s. Murugan Salavai Salai, Kattur Road

6) In fact, these units have applied for consent to the Pollution Control Board and the same is pending. Out of the 9 units, 8 are small scale manual dying and bleaching units except M/s. Kamadhenu Dying which is carrying out dying with cheese machineries. It is also stated that all the 9 units have not provided Zero Liquid Discharge (for short ZLD) system and due to that reason the consent was not issued / renewed to the units. In the annexure filed along with the report the Pollution Control Board has also stated that in respect of these units, on inspection, the Pollution Control Board has found that on 13.8.2013 that these units were not functioning. In view of the report given by the Pollution Control Board and also the affidavits filed by the individual unit owners, we are of the view that except recording the undertakings given in the affidavit, no further orders are required in this application. Accordingly the 8

application stands closed by recording the said affidavits or undertakings given by the units except the respondent Nos.14, 25 26 and 28 with the direction to the Pollution Control Board to monitor the undertakings given are followed scrupulously by the project proponents.

7) It is also made clear, in the meantime, that it is up to the Tamil Nadu Pollution Control Board to consider the applications, if any, pending with them and pass appropriate orders in accordance with law, having satisfied that the units have achieved ZLD system.

The application stands closed. No costs.

Justice Dr. P. Jyothimani Judicial Member

Prof. Dr. R. Nagendran Expert Member

Chennai August 19, 2013