S.J. Mukhopadhaya, J

This public interest litigation has been preferred by the Petitioner for direction on the respondents not to permit or to carry on 9th respondent industrial unit at S.F.No.664, Nadupalayam, Mettupalayam Post, Vellakoil Block, Kangeyam Taluk, Tiruppur District, in contravention of G.O. (MS) No.51 dated 11.2.2004 issued from Public Works Department of the State and without prior consent of the first and second respondent under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981.

2. The ninth respondent appeared, filed an affidavit and contested the case. According to the learned senior counsel appearing for the ninth respondent, the writ petition is pre-mature, as the ninth respondent industrial unit is yet to become functional and it is waiting for consent and operate order from the Tamil Nadu Pollution Control Board and the matter is pending consideration before the State authority. Further, according to him G.O. (MS) No.51 dated 11.2.2004 issued from Public Works Department is not applicable to the present case and no separate permission is required to