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2025 DAILYLAW 16968 (MAD)

UNITED BREWERIES LTD v. THE CHAIR PERSON

WP/1932/2024 · 2025-04-22

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.Nos.1932 & 1933 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2025 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P.Nos.1932 & 1933 of 2024 and W.M.P.Nos.2036, 2037, 2038 & 2039 of 2024 United Breweries Ltd., through its Brewery Head, Mahesh R. having its office at S.F.No.302/1, 304/1A, 304/2, 305/2, 305/3, 305/4, 305/5B & 305/5C, Aranvoyal Village, Tiruvallur Taluk, Tiruvallur District - 602 025. ... Petitioner in W.P.No.1932 of 2024 United Breweries Ltd., through its Brewery Head, Jayaraman Sampath, having its office at S.F.No.788/2, 788/4, 3B/1A, 788/3A, 1A, 788/3A, 1B, 788/3A, 2, 788/3A, 3A, 788/3A, 3B, 788/3A, 4, 790/1A, 790/1B, 789/1A, 797/1B, 800/1B, 529/7A, 529/8B, 534/2B, 789/1B/2, 789/1B/1, 785/1B, 789/2, 796/1, 797/1C, 800/1C, 729/1, KuthambakkamVillage, Poonamallee Taluk, Tiruvallur District - 600 124. ... Petitioner in W.P.No.1933 of 2024 Vs. The Chair-person, The Tamil Nadu Pollution Control Board, 76, Mount Road, Guindy, Chennai - 600 032. ... 1st respondent in both W.P's The District Environmental Engineer, https://www.mhc.tn.gov.in/judis W.P.Nos.1932 & 1933 of 2024 T.N.Pollution Control Board, Master Plan Complex, S.F.No.1/6D & 1/5B, Perumbakkam Village, Tiruvallur District - 601 001. ... 2nd respondent in W.P.No. 1932 of 2024 The Joint Chief Environmental Engineer (M), 1st Floor, 950/1, Poonamallee High Road, Arumbakkam, Chennai - 600 016. ... 2nd respondent in W.P.No. 1933 of 2024 Superintending Engineer, Chengalpet Office of the Superintending Engineer, TANGEDCO, No.130, GST Road, Chengalpattu - 603 001. secpt@tnebnet.org ... 3rd respondent in both W.P's Prayer in both W.P's: Writ Petitions filed under Article 226 of Constitution of India, seeking for an issuance of writ of Certiorari, calling for the records of the composite impugned orders dated 24.01.2024 bearing No.TNPCB/T2/F.0716/RL/TLR/Closure/Air/2024 r/w TNPCB/T2/F.0716/RL/TLR/Closure/Water/2024 and No.TNPCB/T2/F.0716/RL/TLR/Closure/Air/2024 r/w TNPCB/T2/F.0308/RL/TLR/Closure/Water/2024 and quash the same. (in both W.P's) For Petitioners : Mr.Vineet Subramani For Respondents : Mr.P.S.Raman Advocate General assisted by Mr.V.Gunasekar Standing Counsel for TNPCB for R1 & R2 : R3-No appearance COMMON ORDER https://www.mhc.tn.gov.in/judis W.P.Nos.1932 & 1933 of 2024 (Order of the Court was made by S.M.SUBRAMANIAM, J.) Direction for closure and disconnection of power supply issued to the petitioners vide order dated 24.01.2024 is under challenge in the present writ petitions. 2. The learned Counsel appearing on behalf of the petitioners would submit that during the relevant point of time, certain violations were identified and subsequently, the writ petitioners have submitted their compliance report. 3. If at all any such compliance report has been received by the respondents / Tamil Nadu Pollution Control Board, they are bound to conduct inspection and verify the correctness of the compliance and thereafter pass appropriate order by following the procedures as contemplated under the statutes and rules in force. However, the industry cannot be allowed to run in violation of pollution norms and other statutory requirements. The Authorities are expected to scrupulously follow, since such industrial pollutions are creating health hazards and right to life of the people residing in and around will be infringed. Thus strict compliance of pollution norms are to be https://www.mhc.tn.gov.in/judis W.P.Nos.1932 & 1933 of 2024 followed by the competent Authorities and in the event of any failure, they are responsible and accountable. 4. The petitioners are Brewery companies. Thus the pollution created if any, is to be strictly monitored in the public interest. 5. Since the learned Counsel appearing on behalf of the petitioners would submit that compliance report has been filed by the petitioners, the respondents 1 and 2 are directed to conduct a fresh inspection and verify the correctness of the compliance, if any, and initiate all further actions and pass fresh orders, if required. With the above directions, both the Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S,J.] [K.R.S,J.] 22.04.2025 veda Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No To 1. The Chair-person, The Tamil Nadu Pollution Control Board, https://www.mhc.tn.gov.in/judis W.P.Nos.1932 & 1933 of 2024 76, Mount Road, Guindy, Chennai - 600 032. 2. The District Environmental Engineer, T.N.Pollution Control Board, Master Plan Complex, S.F.No.1/6D & 1/5B, Perumbakkam Village, Tiruvallur District - 601 001. 3. The Joint Chief Environmental Engineer (M), 1st Floor, 950/1, Poonamallee High Road, Arumbakkam, Chennai - 600 016. 4. Superintending Engineer, Chengalpet Office of the Superintending Engineer, TANGEDCO, No.130, GST Road, Chengalpattu - 603 001. secpt@tnebnet.org https://www.mhc.tn.gov.in/judis W.P.Nos.1932 & 1933 of 2024 S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J. veda W.P.Nos.1932 & 1933 of 2024 and W.M.P.Nos.2036, 2037, 2038 & 2039 of 2024 22.04.2025 https://www.mhc.tn.gov.in/judis