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2021 Supreme(Mad) 3365

K.KALYANASUNDARAM, V.SIVAGNANAM
Shraddha Dairy Farms Represented by its Partner, Badri Kasturi – Appellant
Versus
Tamilnadu Pollution Control Board, Represented by Chairman – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.K.Ravi, M/s.Reegan and Arya
For the Respondent: Mrs.Shanmugavalli Sekar

ORDER :

V.SIVAGNANAM, J.

1. The petitioner is challenging the proceedings No. TNPCB/T2/F.15048/MMN/OS/Closure/W&A/2021 dated 17.08.2021 under Section 33A of Water (Prevention and Control of Pollution) Act 1974, as amended and under Section 31A of Air (Prevention and Control of Pollution) Act, 1981, issued by the first respondent/Tamilnadu Pollution Control Act represented by the Chairman.

2. The learned counsel for the petitioner submitted that the petitioner/Dairy Farm is functioning in the present place from July 1999. It has presently 72 cows. On 23.06.2021, the petitioner received two show cause notices from the second respondent. One notice under the Water (Prevention and Control of Pollution) Act,1974 and the other notice under Air (Prevention and Control of Pollution) Act, 1981. Notice was issued on a complaint made by Thiru. Mukund Ramesh alleging that cattle shed in the residential area is causing health hazard to near-by public. In the notice issued under Water (Prevention and Control of Pollution) Act, 1974 the following allegations were made:

    ''1.The petitioner farm is running in a residential area.

2.The wastewater generated from the unit is discharged into the storm water

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