BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

APPLICATION No. 248 of 2013 (SZ)

In the matter of:

S. Uma Maheswari W/o Selva Babu Chairman Selection Grade Town Panchayat Naranammalpuram District – 637 015. .. Applicant

VERSUS

1. Pollution Control Board represented by its Member Secretary Anna Salai, Guindy Chennai – 600 032.

2. M/s. Cements Limited Raja Annamalaipuram Chennai – 600 028 represented by its Managing Director .. Respondents

Counsel for the applicant:

M/s. K. Rajasekaran, M. Ganesh and R. Venkataraman, Advocates

Counsel for the respondents:

Smt. H. Yasmeen Ali, Advocate for respondent No.1 and Shri. Satish Parasaran, Advocate for respondent No. 2

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ORDER/JUDGMENT

PRESENT:

Ho’nble Mr. Justice M. Chockalingam Judicial Member

Hon’ble Prof. Dr. R. Nagendran Expert Member

Dated: December 11, 2013

Justice M. Chockalingam , Judicial Member

1) When the matter is taken up for hearing this day, counsel for all parties are present. The 2nd respondent has filed his reply. Despite service of notice, no reply is filed by the Tamil Nadu Pollution Control Board. In order to avoid the avoidable delay, it would be proper to issue a direction as below:

2) This application is filed by the applicant herein seeking for directions to the 1st respondent namely the Tamil Nadu Pollution Control Board to pass orders on the application’s representation dated 09.04.2012 within a time frame.

The grievance ventilated in the representation is about extreme sound, noise and unbearable vibrations experienced by the people, especially women, children and elders of the villages and other residential areas due to the operation of power plant installed by the 2nd respondent in the premises of the factory situating S.

Nos. 385/A, 386/A, 385/A1, 386/A1, 413 and 414 of Naranammalpuram town

Panchayat.

3) As could be seen above, a representation was made by the applicant to the Chairman of the Naranammalpuram Selection Grade Panchayat in

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Tirunelveli District, ventilating the grievances of a number of villagers living within the said Town Panchayat on 9.4.2012. But, the same has not yet been considered. It is a matter of surprise to note that when a representation was made by the Chairman of a Selection Grade Panchayat ventilating the grievances of the villages in respect of pollution caused and the hazards to health and life 18 months before, the Tamil Nadu Pollution Control Board has not cared to consider the same and pass orders thereon.

4) While recording the thorough dissatisfaction of the conduct of the Tamil

Nadu Pollution Control Board, it would be suffice to issue a direction to the Board to consider the representation of the applicant and make necessary enquiry thereon and pass suitable orders as required by law within a period of one month herefrom.

5) The application is disposed of with the above directions.

No cost.

Justice M. Chockalingam (Judicial Member)

Prof. Dr. R. Nagendran (Expert Member)

Chennai 11th December 2013

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