S.J. Mukhopadhaya, J.

The petitioner has challenged proceeding No.T16/10952/06/KPM/Orange-1 dated 24th Aug., 2006, issued by the Chairman, Pollution Control Board u/s 33-A of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as the Act) whereby and whereunder the petitioners unit has been closed with immediate effect.

2. According to the petitioner, the company was incorporated under the Companies Act on 28th Oct., 2002 and its unit started running only on obtaining consent order dated 6th May, 2003, issued by the Tamil Nadu Pollution Control Board. On 17th July, 2006, a show cause notice was issued by the 2nd respondent to which the petitioner replied on 27th July, 2006, enclosing relevant documents in its support relating to purchase of extra neutral alcohol, but without any basis and ground the impugned order of closure has been issued on 24th Aug., 2006.

3. Learned counsel for the petitioner submitted that the order u/s 33-A of the Act is bad as the show cause notice was not issued originally under the said provision, but u/s 25 of the Act. No notice was issued on the petitioner u/s 33-A of the Act. It was further contended that show