BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

Application No. 75 of 2017 (SZ)

IN THE MATTER OF:

Paulraj, S/o. Pulimaruvilai, Kanjampuram Post, District, Pin : 629 154

... Applicant(s)

AND

1. The Chairman, Pollution Control Board, 76, Mount Salai,Guindy, Chennai – 600 032

2. The District Collector, , , Nagercoil Post – 629 001

3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Water Tank Road, Nagercoil – 629 001

4. The Revenue Divisional Officer, Sub-Division, Kanyakumari District.

5. The Executive Officer, Ezhudesam Town Panchayath, Kanjampuram Post, Kanyakumari District -629 154

6. The Junior Engineer, Tamil Nadu Electricity Board, Nambali, Nidravilai, Kanyakumari District.

7. Mr. Jayaseelan, Proprietor of JTVS Polymers & PVC Pipes, Kulamvettuvilai, Kanjampuram Post, Kanyakumari District -629 154

... Respondent(s)

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Counsel appearing for the Applicant:

Mr. M.P. Hariprasad

Counsel appearing for the Respondents:

Mrs. H. Yasmeen Ali for R1 and R3 Mr. E. Manoharan for R2, R4 and R5 Mr. Gnanasekaran for R6 M/s. V. Suthakar and K.S. Viswanathan for R7

ORDER

PRESENT:

HON’BLE SHRI JUSTICE M.S. NAMBIAR, JUDICIAL MEMBER

HON’BLE SHRI P.S. RAO, EXPERT MEMBER

Dated 7th November, 2017 ______

Whether the Judgement is allowed to be published on the Internet – Yes/No Whether the Judgement is to be published in the All NGT Reporter – Yes/No

This is an application filed by the applicant who claims to be a resident near to the unit run by respondent No.7 with a prayer to direct respondent Nos.1 to 3 to close and seal PVC pipes and wiring pipe manufacturing industry in Survey Nos.131/12 and

131/1A of Ezhudesam, ‘B’Village of Taluk, Kanyakumari District.

The case of the applicant is that the unit run by the respondent No.7 is being operated without the required consent to establish and operate.

Respondent Nos.1 and 3, the Tamil Nadu Pollution Control Board (TNPCB) filed a reply contending that though the unit has not renewed the consent originally granted, the unit applied for renewal of consent to operate through online on 07.04.2017 and the unit was inspected on 10.04.2017 and the renewal of consent was issued to the unit on

11.04.2017 and it is valid upto 31.03.2026.

Learned counsel appearing for the respondent No.7 pointed out that after the renewal of the consent obtained by respondent No.7, the applicant filed Miscellaneous

Application No.108 of 2017 to cancel the renewal of consent which was disposed by order dated 07.08.2017 holding that the remedy of the applicant is to challenge the order

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in an appeal in accordance with law and subsequently the applicant has already filed an appeal and it is pending enquiry.

In such circumstances, as the only case of the applicant is that the unit is being operated without the required consent and at present the consent has been renewed and the unit is having a valid consent, nothing survives in this application.

The appeal is disposed accordingly with no order as to costs.

Justice M.S. Nambiar Judicial Member

P.S. Rao Expert Member

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