(Order of the Court by T.S.SIVAGNANAM, J.,) Heard Mr.N.Shanmugaselvam, learned counsel appearing for the petitioner, Mr.V.Muruganantham, learned Additional Government Pleader appearing for the first respondent and Mr.R.M.Sivakumar, learned counsel appearing for the second respondent and carefully perused the materials placed on record.
2. The writ petition has been filed by a resident of the locality, where the second respondent is running a bakery unit. The petitioner made a compliant because commercial activities are being carried out in the said area and the second respondent is using all prohibited materials to generate fire in the bakery by using cashew-nut wastes, coir etc., and therefore, the petitioner wanted the second respondent to close down the bakery unit, as no consent was obtained to establish or to run the bakery unit from the Tamil Nadu Pollution Control Board.
3. The District Environment Engineer appears to have taken note of the petitioner's complaint and by the impugned communication, they informed the petitioner that they have advised the second respondent to increase the height of the chimney and not to use cashew-nut wastes, coir, tyre etc., as fuel. This is challenged in this the writ petition.
4. Though the writ petition is pending since 2010, the Tamil Nadu Pollution Control Board has not filed counter affidavit. Therefore, this Court is unable to assess the present situation. If commercial activities are carried out in a prohibited area, obviously, the same has to be closed. Therefore, we deem it fit to direct the first respondent to conduct a fresh inspection in the second respondent's Bakery Unit and it should be a surprise inspection and take appropriate action in accordance with law bearing in mind the observations made above, within a period of three weeks from the date of receipt of a copy of this order.
5. The writ petition is disposed of with above above observations. No costs. Consequently, connected miscellaneous petition is closed.
To:
The District Environment Engineer, Tamil Nadu Pollution Control Board, 26, Ramakrishnapuram, Karur..