Madras High CourtK.Sakthivel vs The State Of Tamil Nadu on 17 October, 2023Author:G.R.SwaminathanBench:G.R.Swaminathan1       W.P.(MD)NO.22724 OF 2022\n\n                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\n                                           DATED: 17.10.2023\n\n                                                CORAM\n\n                       THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN\n\n                                                  AND\n\n                                  THE HON'BLE MR.JUSTICE B.PUGALENDHI\n\n                                      W.P.(MD)No.22724 of 2022 AND\n                                       W.M.P.(MD)No.16872 of 2022\n\n\n                     1. K.Sakthivel\n\n                     2. V.Kanthasamy\n\n                     3. U.Murugesan\n\n                     4. C.Govindha Raj\n\n                     5. V.Murugesan\n\n                     6. A.Arumugam\n\n                     7. V.Muthuirulan                               ... Petitioners\n                                                     Vs.\n\n                     1. The State of Tamil Nadu,\n                        Rep. by its Secretary to Government,\n                        Environment & Forest Department,\n                        Secretariat, St. George Fort,\n                        Chennai.\n\n                     2. The District Collector,\n                        O/o.District Collectorate,\n                        Ramanathapuram,\n                        Ramanathapuram District.\n\nhttps://www.mhc.tn.gov.in/judis\n                     1/12\n                                                              2        W.P.(MD)NO.22724 OF 2022\n\n\n                     3. The District Environmental Engineer,\n                        O/o.The District Environmental Engineer,\n                        Tamil Nadu Pollution Control Board,\n                        Ramanathapuram,\n                        Ramanathapuram District.\n\n                     4. The Shrimathi Salt Private Ltd.,\n                        Rep. by its Director Mr.Nagarajan,\n                        Door No.1/14, Perumalpuram,\n                        New Colony, Tuticorin.                         ... Respondents\n\n                                  Prayer: Writ petition is filed underArticle 226of the\n                     Constitution of India, to issue a Writ of Mandamus, to direct\n                     the respondents to take appropriate action against the fourth\n                     respondent viz., Shrimathi Salt Private Ltd., from discharging\n                     the salt wastage to the Aanaikudi Kanmai situated at\n                     Aanaikudi           Village,   Tiruppullani   Block,   Ramanathapuram\n                     District and consequentially to direct the respondents to\n                     remove the encroachment in the Aanaikudi Kanmai and\n                     restore the same to its original position and by considering the\n                     petitioner's representation dated 07.07.2022 within the time\n                     that may be stipulated by this Court.\n\n\n                                  For Petitioner     : Mr.H.Mohammed Imran\n                                  For R-1 & R-2      : Mr.K.Balasubramani,\n                                                       Special Government Pleader.\n\n                                  For R-3            : Ms.Vijayakumari Natarajan\n\n                                  For R-4            : Mr.Isaac Mohanlal,\n                                                       Senior Counsel,\n                                                       for Ms.V.Sujatha\n\n                                                       ***\n\nhttps://www.mhc.tn.gov.in/judis\n                     2/12\n                                                            3       W.P.(MD)NO.22724 OF 2022\n\n\n\n                                                      ORDERHeard the learned counsel appearing for the writ\n\n                     petitioner and the learned Special Government Pleader\n\n                     appearing for the official respondents and the learned\n\n                     Standing counsel appearing for the third respondent and the\n\n                     learned Senioir counsel assisted by the learned counsel\n\n                     appearing for the fourth respondent.2. The writ petitioners are villagers of Aanaikudi in\n\n                     Thirupullani Post, Keelakarai Taluk, Ramanathapuram District.\n\n                     This writ petition has been filed for directing the official\n\n                     respondents to take action against the fourth respondent for\n\n                     discharging the salt wastage into Aanaikudi Kanmoi. It is\n\n                     further alleged that the encroachment has been committed in\n\n                     the said water body. After hearing the learned counsel\n\n                     appearing for the writ petitioner, the following order was\n\n                     passed on 20.01.2023:-“ The petitioners have come forward with this writ\n\n                                  petition, praying for issuance of a Writ of Mandamus,\n\n                                  directing the respondents to take appropriate action\n\nhttps://www.mhc.tn.gov.in/judis3/124             W.P.(MD)NO.22724 OF 2022against the 4th respondent viz., Shrimathi Salt Private\n\n                                  Limited, Tuticorin, for discharging the salt wastage to\n\n                                  Aanaikudi Kanmai situated at Aanaikudi Village,\n\n                                  Tiruppullani Block, Ramanathapuram District and\n\n                                  consequently, for a direction to the respondents to\n\n                                  remove the encroachment in the Anaikudi Kanmai and\n\n                                  to restore the same in its original position, by\n\n                                  considering    the    petitioner's     representation         dated\n\n                                  07.07.2022, within a time frame.2. On 09.12.2022, we passed the following order:-''The    learned      counsel     appearing       for    the\n\n                                     Petitioners       submitted         that      the       fourth\n\n                                     respondent/company is running the business\n\n                                     without obtaining any consent from the third\n\n                                     respondent        and    also     discharged        the    salt\n\n                                     wastages into the Aanaikudi Kanmai situated at\n\n                                     Aanaikudi         Village,        Thirupullani          Block,\n\n                                     Ramanathapuram District.2.The       learned    counsel        for   the     third\n\n                                     respondent/Pollution Control Board submitted\n\n                                     that the fourth respondent/company has not\n\n\nhttps://www.mhc.tn.gov.in/judis4/125          W.P.(MD)NO.22724 OF 2022obtained       any    consent       from     the    third\n\n                                  respondent/Board.3.This Court, by order, dated 28.09.2022,\n\n                                  granted an interim order directing the fourth\n\n                                  respondent/company not to discharge any salt\n\n                                  wastage into the Aanaikudi Kanmai, as claimed\n\n                                  by the Writ Petitioners.4.According             to      the         fourth\n\n                                  respondent/Company, they have not disputed\n\n                                  the said fact and further submitted that they are\n\n                                  not running the business in question, as of now,\n\n                                  in the aforesaid plant, as alleged by the\n\n                                  Petitioners.5.In     view   of   the      above,   the    third\n\n                                  respondent/Tamil Nadu Pollution Control Board\n\n                                  is directed to visit and inspect the fourth\n\n                                  respondent/ company situated in S.No.317 of\n\n                                  Aanaikudi       Village,       Thirupullani        Block,\n\n                                  Ramanathapuram District, to ascertain as to\n\n                                  whether the said fourth respondent/company\n\n                                  had discharged the salt wastage into the\n\n\nhttps://www.mhc.tn.gov.in/judis5/126        W.P.(MD)NO.22724 OF 2022Aanaikudi Kanmoi or deposit of salt in the said\n\n                                     property, on or before 12.12.2022 and file a\n\n                                     report    before   this   Court    on    or   before\n\n                                     14.12.2022.6.Post the matter on 14.12.2022, for filing\n\n                                     such report by the third respondent/Pollution\n\n                                     Control Board, along with W.P(MD)No.23301 of\n\n                                     2022.''3. Pursuant to the aforesaid order, the 3 rd\n\n                                  respondent has filed a counter affidavit. The relevant\n\n                                  portions of the same are as follows:-''3(f) Petitioners were contacted during\n\n                                    inspection. It was reported that the runoff from\n\n                                    the unit during rainy season could pollute the\n\n                                    adjacent    Anaikudi   kanmai      and   agricultural\n\n                                    lands. The villagers had apprehension that due\n\n                                    to discharge of the runoff outside the Salt Pans\n\n                                    during heavy rain could pollute the adjacent\n\n                                    Anaikudi kanmai and agricultural lands.(i) During inspection it was confirmed that\n\n                                    the salt pan area is completely inside the\n\n\nhttps://www.mhc.tn.gov.in/judis6/127           W.P.(MD)NO.22724 OF 2022Kanmai. In view of the above a letter has been\n\n                                  addressed          to   the   unit     instructing      to    stop\n\n                                  establishing / operations till adequate measures\n\n                                  are made to avoid the run-off from salt pans to\n\n                                  nearby lands/kanmai.6. As per the process the saline water will\n\n                                  get concentrated from Solar heat, and the unit\n\n                                  will keep pumping saline water from bore wells\n\n                                  till    the   concentration           of   the    saline     water\n\n                                  reaches       to    high      level    and       then   the   salt\n\n                                  formation occur. Then they will remove the salt\n\n                                  as product, then the reject water from salt pans\n\n                                  called bittern will be sent outside the premises\n\n                                  normally through backwater channels. There is\n\n                                  no backwater channel available adjacent to the\n\n                                  unit, if this bittern water or even high saline\n\n                                  water reaches the kanmai, the kanmai water\n\n                                  become unusable for domestic consumption\n\n                                  including bathing and agricultural purpose.''4. The relevant portion of the order dated\n\n                             12.12.2022 of the Tamilnadu Pollution Control Board\n\n\nhttps://www.mhc.tn.gov.in/judis7/128         W.P.(MD)NO.22724 OF 2022directing     the     4th     respondent     to   stop      further\n\n                             developments/operations is as follows:-''... Based on the complaint made by the people\n\n                                  of     Anaikudi         Village,    Keelakarai      Taluk,\n\n                                  Ramanathapuram District against the unit of\n\n                                  M/s.Shri Mathi Salt Private Limited, Kalari\n\n                                  Village,    Keelakarai       Taluk,   Ramanathapuram\n\n                                  District,      inspection     was     carried    out     on\n\n                                  14.09.2022 and 14.10.2022. During inspection\n\n                                  it was ascertained that the salt pan development\n\n                                  work is being carried out. The unit had started\n\n                                  its operation and pumped saline water in\n\n                                  developed salt pan without providing proper\n\n                                  backwater channel for drainage of run-off in\n\n                                  case of heavy rain which could in turn lead to\n\n                                  the pollution of the adjacent Anaikudi kanmai\n\n                                  and agricultural land.In view of the above you are instructed to\n\n                                  stop    further        developments/operations         until\n\n                                  adequate measures is made to avoid the run-off\n\n                                  from the Salt Pans to nearby lands/kanmai and\n\n\nhttps://www.mhc.tn.gov.in/judis8/129             W.P.(MD)NO.22724 OF 2022outcome of the court case.The action taken in this regard shall be\n\n                                  intimated to this office with in a week. ...''5. Thus, it is clear that the 4 th respondent's salt\n\n                             manufacturing unit has not obtained any permission\n\n                             from the Tamilnadu Pollution Control Board. Therefore,\n\n                             we    are     inclined   to      grant         interim   injunction.\n\n                             Accordingly,    there    shall    be      an    order    of   interim\n\n                             injunction    restraining     the     4   th     respondent     from\n\n                             running the salt manufacturing unit and discharging\n\n                             salt wastage from Shrimathi Salt Private Limited in\n\n                             Survey No.317 of Aanikudi Village, Tiruppullani Block,\n\n                             Ramanathapuram District, pending disposal of this writ\n\n                             petition.6. Learned counsel for the petitioner submitted\n\n                             that the though the Tamilnadu Pollution Control Board\n\n                             has passed an order directing the 4 th respondent to\n\n                             stop running of the salt manufacturing unit pointing\n\n                             out certain defects as found in the inspection, despite\n\n                             the same, the 4 th respondent is running the unit.\n\n                             However, the said fact is disputed by the learned\n\n\nhttps://www.mhc.tn.gov.in/judis9/1210        W.P.(MD)NO.22724 OF 2022counsel for the 4 th respondent.7. Therefore, we appoint Mr.Vasanth, 99 Law\n\n                             Chambers,       Cell      No.96292   53077,    as    Advocate\n\n                             Commissioner. After serving notice to both the parties,\n\n                             the Advocate Commissioner is directed to inspect the\n\n                             4th respondent's salt manufacturing unit and find out\n\n                             whether as on date, the said salt manufacturing unit is\n\n                             running and whether there is any discharge of salt\n\n                             wastage water from the said unit into Anaikudi kanmai\n\n                             and file a report before this Court on or before\n\n                             31.01.2023.     Initial    remuneration   of   the   advocate\n\n                             commissioner is fixed at Rs.30,000/- which shall be\n\n                             paid by the petitioner to the advocate commissioner\n\n                             forthwith. Registry is directed to issue a warrant to the\n\n                             Advocate Commissioner forthwith.8. Post the writ petition on 31.01.2023.”3. Shri.Vasanth, Advocate was appointed as Advocate\n\n                     Commissioner. The Advocate Commissioner has filed report.\n\n                     He categorically states that the industrial unit of the fourth\n\n                     respondent is not functioning.https://www.mhc.tn.gov.in/judis10/1211       W.P.(MD)NO.22724 OF 20224. The learned Senior counsel appearing for the fourth\n\n                     respondent states that without getting proper clearance and\n\n                     approval from the concerned authorities including the third\n\n                     respondent Board, the industrial unit will not be re-started.\n\n                     Even though the fourth respondent is having salt pans spread\n\n                     over 140 acres out of 560 acres, salt harvesting will not be\n\n                     done without getting clearance for their industrial unit. As and\n\n                     when the Pollution Control Unit and other authorities consider\n\n                     the request of the fourth respondent for restarting their unit,\n\n                     appropriate measures will be put in place to ensure that the\n\n                     water bodies located in the village are not in any way affected\n\n                     or injured by the salt pan activities.5. It is open to the fourth respondent to carry out\n\n                     renovation works in the meanwhile. Since the salt pan is\n\n                     spread over the very large extent of land, the fourth\n\n                     respondent is bound to ensure that there is no seepage from\n\n                     the salt pan or discharge from the industrial unit and that the\n\n                     water bodies in the locality are not affected by their activities.\n\n                     This writ petition stands disposed of accordingly. No costs.\n\n                     Consequently, connected miscellaneous petition is closed.\n\n\nhttps://www.mhc.tn.gov.in/judis11/1212          W.P.(MD)NO.22724 OF 2022(G.R.SWAMINATHAN, J.)           &   (B.PUGALENDHI, J.)\n\n                                                17th October 2023\n\n                     NCC          : Yes / No\n                     Index        : Yes / No\n                     Internet      : Yes / No\n                     PMU\n                                                              G.R.SWAMINATHAN, J.AND\n\n                                                                  B.PUGALENDHI, J.PMU\n\n                     To:1. The Secretary to Government,\n                        Environment & Forest Department,\n                        Secretariat, St. George Fort,\n                        Chennai.2. The District Collector,\n                        O/o.District Collectorate,\n                        Ramanathapuram,\n                        Ramanathapuram District.W.P.(MD)No.22724 of 2022https://www.mhc.tn.gov.in/judis12/1213   W.P.(MD)NO.22724 OF 202217.10.2023\n\n\n\n\nhttps://www.mhc.tn.gov.in/judis13/12