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2012 Supreme(Mad) 4450

R.BANUMATHI, R.SUBBIAH
M. Ramasamy – Appellant
Versus
Chief Secretary, Government of Tamil Nadu – Respondent


Advocates appeared:
For the Petitioners:Ms. D. Nagasaila, N. Manokaran for M. Guruprasad, N.S. Sivaprakash, V. Bharathidasan, C. Prakasan for Chakrapani, Venkatesh Mohanraj, K. Selvaraj, Ms. D. Geetha, Advocates.
For the Respondents:R1 & R2, S. Gurukrishnakumar, Addl. Advocate General assisted by I.S. Inbadurai, Spl. Govt. Pleader, R3, A. Navaneethakrishnan, Advocate General assisted by Ms. Rita Chandrasekar, R4, K.M. Santhanagopalan Senior Counsel for M/s. M. Siddhardhan, Chinnasamy for M/s. M. Siddhardhan, V. Raghavachari for M/s. M. Siddhardhan, Era. Meyappan for M/s. M. Siddhardhan, R5, Sankaravadivel, R6, P. Sreenivasalu, L. Chandrakumar R7, S.V. Jayaraman, Senior Counsel for M/s. K. Raja, Advocates.

Judgment :-

R. BANUMATHI, J.

Whether members of 4th respondent Noyyal Ayacutdars Protection Association alone are entitled to the amount of Rs.75.00 Crores deposited by the polluting units in pursuance to the order in a Public Interest Litigation W.P.No.29791 of 2003 in preference to other affected agriculturists of Noyyal River Basin identified by Loss of Ecology Authority (LoEA) is the point falling for consideration in these batch of writ petitions. For convenience, the parties are referred to as arrayed in W.P.No.2790 of 2012.

2. Due to rapid and haphazard industrialisation of Tiruppur with large number of hosiery units and consequential establishment of dyeing and bleaching units resulted in Noyyal River getting polluted causing havoc to the agricultural operations. Menace of pollution caused in Noyyal river by bleaching and dying units has been subject matter of litigation from 1996. Based on the order in a Public Interest Litigation in W.P.No.29791 of 2003 confirmed by the Supreme Court in S.L.P.No.6963 of 2007 and in pursuance of the interim order dated 10.8.2007 passed by the Supreme Court, a sum of Rs.25.00 Crores was deposited in High Court to the credit of W.P.No.29791






































































































































































































































































































































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