In balances and need for protecting our environment.

P. Sathasivam, J.

People Health and Development Council, represented by its Secretary S.M. Govindasamy, East Sottaiyampalayam, R.M. Puthur, Erode-5 has filed Writ Petition No. 5494 of 1998 for issuance of a Writ of Mandamus, directing the respondents 1 to 4 therein, namely, Forest and Environment Department, Housing and Urban Development Department, Pollution Control Board and Collector, Erode District respectively to close down Tannery Units of respondents 5 to 38. One M. Thangavelu of Ayagoundarapalayam, Gnanapathipalayam, Erode has filed Writ Petition No. 30153 of 2003 praying for a Writ of Mandamus, directing the respondents 1 to 3, namely, Tamil Nadu Pollution Control Board, the District Collector, Erode and the District Environment-Welfare Engineer, Tamil Nadu Pollution Control Board, Erode-3 to take action against all the industries in and around Erode by closing the industries.

2. The case of the People Health and Development Council, as set out in W.P.No.5494/1998 is briefly stated hereunder:

It is a Society registered under the Societies Registration Act. It is a voluntary organisation working for the protection of environment and promoting public health in and around the District of Erode. The said writ petition was filed against the operation of 34 tanneries which were shown as respondents 5 to 38 situated in Erode District in and around Suriyampalayam Town Panchayat, P.B. Agraharam Town Panchayat, Periyasemur Town Panchayat, Veerappanchatram Town Panchayat, Gangapuram and Kandampalayam Village Panchayats. These tanneries are functioning without proper authorisation and in violation of all the laws. They are causing severe water, air and soil pollution. Out of these 34 tanneries, 18 are located in agricultural zones and about five are situated in residential areas. The five tanneries mentioned as Sl.Nos.1,2,4,13 and 34 in the Annexure to the writ petition are located within 1 K.M. of Kalingarayan Canal which is the main water source for all the villages in that area. The polluting tanneries also lie within the range of one K.M., which is in violation of G.O.Ms.No.213 of 89 dated 30-3-1989 which prohibits such location. These tanneries which are functioning in agricultural, residential and industries zones within one kilo metre radius of water source have all started functioning without obtaining proper sanction from the 2nd respondent herein.

3. It is their further case that all the tanneries are letting out untreated effluents into Cauvery River. The tanneries use about 170 types of chemicals in the chrome tanning process. These effluents have spoiled the physico-chemical properties of the soil and have contaminated the ground water by percolation. This is causing untold misery to the residents of that area. There is a unbearable stench in the surrounding air near every tannery making it impossible for the local residents to live. The letting out of effluents into the water has polluted both surface water as also ground water to such an extent that the water which is used for irrigation and drinking has become unfit for the same. Agriculture has been affected badly and yields have gone down considerably. This has caused great financial hardship to local farmers. The household articles and utensils have become corroded because of the use of such contaminated water. The relatives of the petitioner are refusing to visit him and his family and his family in their house owing to the poor quality of water and air in their house and nearby. Because of the chemical residues remaining in the ear and skin of the cattle carcasses even after the preliminary treatment of the skin, the local stray dogs which have been feeding on the waste remains, are growing to an abnormal size.

4. The Government of Tamil Nadu has acquired more than 2,800 acres of land in Perunthurai Taluk of Erode District for locating all the hazardous industries. The Government has also assured financial, technical, and other assistance for setting