WP(MD)No.36569 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/01/2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY WP(MD)No.36569 of 2025 Antin Vigila ... Petitioner Vs. 1. The District Collector, Tirunelveli, Tirunelveli District. 2. State Level Environment Impact Assessment Authority, Tamil Nadu, Represented by its Member Secretary, Chennai - 600 015. 3. The District Environment Engineer, Tamil Nadu Pollution Control Board, Tirunelveli. 4. The Tahsildar, Sivagiri Taluk, Tenkasi District. 5. Balakrishnan ... Respondents PRAYER:- Writ Petition filed under Article 226 of the 1/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to take action on the petitioner's representation dated 15.09.2025 seeking to stop the brick kiln run by the 5th respondent in Survey No.680/2A3A and 680/2A3B in Levingipuram Village, Radhapuram Taluk, Tirunelveli District. For Petitioner : Mr.R.J.Karthick For Respondent : M/s.S.Jeyapriya Government Advocate ORDER The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents 1 to 4 to take action on the petitioner's representation dated 15.09.2025 seeking to stop the brick kiln run by the 5th respondent in Survey Nos.680/2A3A and 680/2A3B in Levingipuram Village, Radhapuram Taluk, Tirunelveli District. 2. Learned counsel appearing for the petitioner would submit that the 5th respondent's brick kiln has not satisfied the 2/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 norms prescribed by the National Emission Standards notified under the Environmental Protection Act, by which, minimum stack height of 22 meters which is mandatory for optional dispersion, has not been complied with by the 5th respondent. Further, the brick kiln should be established at least 2 kilometers away from the residential area and fruit gardens, whereas the 5th respondent's brick kiln is situated within 20 feet away from the petitioner's house. Learned counsel would also submit that as per Section 21 of the Air (Prevention and Control of Pollution) Act 1981, no person shall without previous consent of the State Board establish or operate any industrial plant. Despite the above said non compliance of the requirements by the 5th respondent was brought to the notice of the official respondents by the petitioner through his representation dated 15.09.2025, the same has been considered. Hence, this writ petition. 3. Learned counsel for the petitioner drew the attention of this Court to the relevant Emission Standards for Brick Kiln which 3/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 are notified under the Environment (Protection) Act, 1986. It deals with the standards fixed for emission with regard to small, medium and large units and the stack heights recommended for optional dispersion. The said emission standards is extracted hereunder: "74. EMISSION STANDARDS FOR BRICK KILNS: I. Minimal National Emission Standards for Brick Kilns: Size Kiln Capacity Maximum limit for the concentration of particulate matter (mg/Ncu.m) 1 2 3 Small Less than 15,000 bricks per day (less than 15 ft trench width) 1000 Medium 15,000-30,000 bricks per day (15-22 ft trench width) 750 Large More than 30,000 bricks per day (more than 22 ft trench width) 750 Note: The above particulate matter emission limits are achievable by installing fixed chimney high draught kilns and/or settling chamber. II. II. Stack Height Regulation: The following stack heights are recommended for optional dispersion of particulate matter: Kiln Capacity Stack Height 1 2 Less than 15,000 brick per day (less than 15 ft trench width) Minimum stack height of 22m or, Induced draught fan operating with minimum draught of 50mm water gauge with 12m stack height 15,000-30,000 brick per day (15-22 ft trench width) Minimum stack height 27m in with gravitational settling chamber or Induced draught fan operating with minimum draught of 50mm water Gauge with 15m stack height More than 30,000 brick per day (more than 22 ft. trench width) Minimum stack height of 30m with gravitational settling chamber or Induced draught fan 4/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 operating with minimum draught of 50 mm Water. III. Existing moving chimney bull's trench kilns shall be dispensed with by the 30th June, 2002 and no new moving chimney kilns shall be allowed to come up: Provided that only those brick kilns shall be given extension of time who shall furnish affidavits to the concerned authority in the State giving approval for brick kilns to the effect that the prescribed standards shall be complied by them by the 30th June, 2002, and no, further extension of time shall be sought by them: Provided further that the units shall submit a bank guarantee for the amount specified below, to the respective State Pollution Control Board for completing the conversion within the period so specified and in case of its non-compliance, the amount of bank guarantee shall be fortified: - Large scale brick kilns – Rs.30,000 (more than 30,000 bricks per day) - Medium scale brick kilns – Rs.20,000 (between 15,000 to 30,000 bricks per day) - Small scale brick kilns – Rs.10,000 (less than 15,000 bricks per day) IV. Considering the immediate need to protect the top soil and to finds ways for safe disposal/utilization of flyash, it is provided that from the 1st January, 1997 all brick manufacturing units within a radius of 50 kms from any thermal power plant, shall utilize flyash in optimal proportion for making bricks. Guidelines for Better Working and Housekeeping in Brick Kiln Industry These are: "Maximum Coal feed size should be limited to 10 mm. Coal feeding cycle should not be more than 20 minutes. Coal feeding should be done using mechanical feeder as this would ensure more 5/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 efficient burning of coal and lower the emissions. Brick kiln should be established preferably at least two km away from residential areas and fruit gardens. Installation of brick kiln should not be allowed in sensitive areas as notified by State Pollution Control Boards under National Air Quality Standard. To avoid clustering of brick kilns in a locality, the distance between two kilns should be more than one km. More and more agro industrial wastes should be used to replace clay so as to conserve good quality solid for agricultural purposes. Use of coal with more than 35 percent ash content should be avoided. There is no significant noise pollution from manually operated brick kilns which form the bulk of brick industry. However, there are few semi mechanised brick making plants which generate some noise. Heavy machinery should be mounted on anti-vibration mounting. Regular servising and maintenance of plant and machinery should be ensured. Ear muffs should be used by the workers. The ash layer on the top of kiln should be covered with a layer of fired bricks or special tiles to check disposal of dust and for better thermal insulation which will also reduce discomfort to the workers. Excess ash produced every day should be removed daily to a close by disposal site. A double wall should be constructed around the kiln and the gap should be used to fill the ash produced from the kiln. The brick works should be within covered space as far as possible. To minise generation of fugitive emissions, the passage around the bricks should be paved with fired bricks. A major source of heat loss in the kiln is through steel covers placed over fire holes. 6/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 These covers are made of single layer steel plate. Thermal insulation should be provided to these covered by making them double walled and packing with asbestos fibres. To improve combustion efficiency and also to reduce source emissions, properly graded coal should be used. The following precautions need to be taken to protect the workers though partially from the effect of heat and high dust pollution prevailing on the brick kilns: Covering of the kiln top with a continuous layer of bricks or tiles A full face mask is to be provided to workers to protect their eyes, ears and nose. Hand gloves are to be provided to workers to protect their hands from ill effects of coal handling and also from hot flue gases coming out of fire hole during the charging Special coat/apron and shoes are to be provided to the workers for their protection against these hazards." 4. Learned counsel appearing for the petitioner would submit that it is suffice if the petitioner's representation dated 15.09.2025 is directed to be considered and disposed of by the respondents in the light of the abovesaid Emission Standards for Brick Kiln, within a time frame. 5. The learned Government Advocate appearing for the respondents 1, 3 and 4 would submit that the petitioner's 7/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 representation dated 15.09.2025 will be disposed of by the respondents 1 and 3 within a time frame to be fixed by this Court. 6. Recording the above submissions and without expressing any opinion on the claim made by the petitioner, the Writ Petition is disposed of directing the respondents 1 and 3 to consider the petitioner's representation dated 15.09.2025 in the light of the abovesaid Emission Standards for Brick Kiln and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. 02.01.2026 Index : Yes / No Neutral Citation : Yes / No bala To 1. The District Collector, Tirunelveli, Tirunelveli District. 8/9 https://www.mhc.tn.gov.in/judis WP(MD)No.36569 of 2025 KRISHNAN RAMASAMY, J. bala 2. State Level Environment Impact Assessment Authority, Tamil Nadu, Represented by its Member Secretary, Chennai - 600 015. 3. The District Environment Engineer, Tamil Nadu Pollution Control Board, Tirunelveli. 4. The Tahsildar, Sivagiri Taluk, Tenkasi District. ORDER MADE IN WP(MD)No.36569 of 2025 DATED : 02.01.2026 9/9 https://www.mhc.tn.gov.in/judis