BAASUBRAMANJ CHARCOAL UNIT vs THE DISTRICT ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD

Page 1 of 2 Item No.01: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Wednesday, the 01st day of November 2023. (Through Video Conference) Miscellaneous Application No.14 of 2023 (SZ) in Original Application No.17 of 2013 (SZ) IN THE MATTER OF: Global Coco Products Rep. by its Partner G.

Karthigeyan Tiruppur District. …Applicant/3rd Party Versus 1) M/s.

Balasubramaniam Charcoal Unit Rep. by its Proprietor Balasubramaniam Veeranampalayam Village, Kangeyam Taluk, Tiruppur District.

2) The District Environmental Engineer Tamil Nadu Pollution Control Board Perundurai, Erode District.

3) Veeranampalayam Panchayat Rep. by its President T.

Gandhimathi Thangavel Veeranampalayam, Kangeyam, Tiruppur District.

4) The Collector Tiruppur District. ...Respondent(s) For Applicant (s): M/s.

K.S.

Jeyaganeshan, K.R.

Harin & C.

Nisha.

For Respondent(s): None.

CORAM: HON’BLE Smt.

JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr.

SATYAGOPAL KORLAPATI, EXPERT MEMBER Page 2 of 2 ORDER 1.

The applicant in this miscellaneous application is not a party to the main proceeding [O.A.

No.17 of 2013 (SZ)].

Since aggrieved by the order passed by this Tribunal in O.A.

No.17 of 2013 (SZ), he had moved the Hon’ble High Court of Madras in W.P.

No.17215 of 2023 to quash the order issued by the District Collector based on the directions issued by this Tribunal.

2.

Vide Order dated 09.06.2023, the Hon’ble High Court of Madras had directed the applicant herein to deposit 50% of the penalty to the 1st Respondent within a period of 4 (Four) weeks and make any objection before the National Green Tribunal along with all necessary documents and also a copy of the payment receipt.

3.

To be noted is that unless the payment is made and documents produced, this Tribunal shall not consider the application.

The applicant has filed the miscellaneous application [M.A.

No.14 of 2023 (SZ)] to permit him to challenge the above order, as he is not a party to the proceedings. oceedings.

He has also stated that yet another application is filed for recalling the order passed by this Tribunal in O.A.

No.17 of 2013 (SZ).

4.

So, in view of the above, leave is granted to the applicant to re-open the matter and M.A.

No.14 of 2023 (SZ) is ordered accordingly.

5.

Let the Registry verify whether the order of the Hon’ble High Court of Madras to deposit 50% of the penalty is complied with.

Sd/- Smt.

Justice Pushpa Sathyanarayana, JM Sd/- Dr.

Satyagopal Korlapati, EM M.A.

No.14/2023 (SZ) in O.A.

No.17/2013 (SZ) 01st November, 2023.

Mn.