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2022 Supreme(Mad) 2470

G. JAYACHANDRAN
Jain Housing & Constructions Ltd. , (Presently M/s Jain Housing) Rep. by its Managing Director, Thiru. Sandeep Mehta, Chennai – Appellant
Versus
Tamil Nadu Pollution Control Board, Rep. by its District Environment Engineer, Kancheepuram – Respondent


Advocates appeared:
For the Petitioners:B. Kumar, Senior Counsel, S. Kamalesh Kannan, Advocate. For the Respondent:R. Shanmuga Sundaram, Advocate General Assisted R. Shanmugavalli, Standing Counsel.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in the complaint filed by the respondent in C.C.No.234 of 2019 on the file of the Chief Judicial Magistrate, Chengalpattu and quash the same.)

1. The 1st petitioner is a Firm involved in the construction of Multistoried residential Buildings. The 2nd petitioner is its Managing Director. The 3rd petitioner is the Power Agent and the 4th petitioner is its Power Agent – Manager.

2. The respondent/the Tamil Nadu Pollution Control Board has filed a complaint under Section 200 Cr.P.C against these petitioners to prosecute them under Section 25 of the Water (Prevention and Control of Pollution) Act 1974 (in short “ the Water Act”), Section 21 of the Air (Prevention and Control of Pollution) Act,1981 (in short “the Air Act”) and Section 19 of the Environment (Protection) Act, 1986 for offences punishable under Sections 44, 47 and 49 of the Water Act , Sections 37, 40, and 43 of Air Act and Section 15 and 16 of Environment( Protection) Act.

3. The sum and substance of the complaint:

The 1st accused Firm sought for Environmental Clearance (EC) from the State Environment Impact Ass

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