Illegal stone crushing units cannot be allowed to function.

S.J. Mukhopadhaya, J.

This writ petition, in public interest, was preferred by the petitioner for direction on respondents 1 to 5 to take action against the respondents 6 to 8 for running illegal stone crushing units at Kulasekaram Village and to initiate prosecution against them.

2. The case of the petitioner was that respondents 6 to 8 have illegally installed three stone crushing units in different places and are emanating dust from the respective crushers causing health hazards to the residents of the neighbouring area and by the Tamil Nadu Panchayats Act, 1958, as substituted vide Tamil Nadu Panchayats Act, 1994, though it was mandatory to obtain licence from the panchayat for running factory or workshop in the vicinity, but they are running the stone crushers without such licence.

3. A reference has been made to letter No.D.Dis.135/87 (M&M) dated 25th Feb., 1987, written by the Collector, Kanyakumari District to the Commissioner, Agastheeswaram Panchayat Union. The complaint of the petitioner having been noticed by the Collector, the matter was inspected by the Assistant Geologist of his office and grievance was found to be genuine. The Collector enquired regarding permission of panchayat if taken for installation of stone crushers. Opinion was given that no such permission was obtained. Request was made to issue notice to the owners and to take steps for removal of such illegal crushers.

4. In the present case, interim order of injunction was passed on 21st July, 1995. The Court also directed the Tahsildar, Agastheeswaram Taluk, Nagercoil, to personally visit the crushing units along with officers of the Pollution Control Board and to submit report regarding their location, licence, etc. In the report submitted by the Tahsildar, Agastheeswaram Taluk, Nagercoil, vide letter dated 12th Oct., 2006, the following irregularity have been highlighted :-

"As directed by the High Court, Chennai in its W.P.9566 of 1995, I have inspected the crusher units in Elankamanipuram in Kulasekherapuram Village along with the Assistant Director Pollution Control Board, Nagercoil.

Two crusher units are functioning at Elankamanipuram in Kulasekharapuram Village. They are:

1. DEEPAK BLUE METAL owned by Tmt.Geetha Davi, W/o David Sundar Singh. It is located in S.No.186/2A of Kulasekharapuram Village. She has obtained license from Kulasekharapuram Panchayat. The validity period is up to 31.03.2007. Pollution Control Board has also given consent order valid upto 30.9.2007. The R.C.No.333007213. The unit is in operation. There are habitations at a distance of 100 mts from the unit.

2. The Crusher Unit owned by Thiru.Ramasamy. It is located in S.No.186/2B of Kulasekharapuram Village. It is ascertained from the panchayat that he has not obtained any licence to run the unit. The Pollution Control Board has also not issued any concerned order. The unit was not functioning at the time of my visit.

There are habitation at a distance of 100 mts from the unit.

3. The crush unit M/s.KRISHNA BLUE METAL owned by Tmt.Krishnammal is located in S.No.84/2 of Thamaraikulam Village. She has not obtained any licence from the North Thamaraikulam Panchayat. She is running the unit on the strength of an injunction in I.A.1288 of 2002 in suit O.S. 635 of 2002 of Principal District Munsif Court, Nagercoil. Now it is learnt that the suit is decreed against her and she filed appeal AS 14 of 2006 in the Higher Court, Nagercoil. The Pollution Control Board has given consent order valid upto 31.03.2007. The unit is functioning. There are habitations at a distance of 130 mts from the unit.

The fact is submitted before the Honourable High Court, Chennai.

A sketch showing the location of 3 crusher and habitations nearby are enclosed for perusal.

Sd/.. Tahsildar Agasteeswaram"

5. On the other hand, the 4th respondent, Commissioner, Agastheeswaram Panchayat Union has stated that the 6th and 7th respondents were granted licence vide Resolution Nos. 64 and 67 dated