JUDGMENT

(Prayer in W.P.No.34307 of 2022:-Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the 3rd respondent in proceedings No.T2/TNPCB/F.24093/Brick kiln/82/CBN/2019, dated 25.07.2022 and all proceedings in furtherance thereof, including but not limited to the order passed by the 3rd respondent in Proceedings No.T2/TNPCB/F.24093/Brick Kiln/82/CBN/ Directions/2019, dated 06.12.2022 and to quash the same as arbitrary, unjust and illegal.)

Common Order:

V. Lakshminarayanan. J.

1. These writ petitions challenge the orders passed by the Chairman, Tamil Nadu Pollution Control Board (TNPCB). The orders are more or less identical and hence, all the writ petitions are disposed of by this common order.

2. The facts leading to the filing of the writ petitions are: The petitioners were involved in the manufacture of bricks. They were conducting their business in Coimbatore District. It is on record that none of the petitioners had obtained consent to establish or consent to operate their brick kilns under the relevant environmental statutes. Complaints were received against the illegal brick kilns being operated at Thadagam Valley. Proceedings were initiated before this court as well as before the National Green Tribunal (NGT), South Zone at Chennai. The proceedings were initiated in O.A.No.119 of 2021 by the NGT South Zone. Insofar as the writ petitions concerned before this court in W.P.No.27356 of 2019 and W.P.No.28475 of 2019, reliefs that were sought was for protection of Elephant Corridor in the District of Coimbatore and for closure of illegal brick kilns at Chinna Thadagam, Nanjundapuram, Veerapandi, Somayapalayam and Pannimadai Villages of Coimbatore District, respectively. A relief was also sought for the constitution of a committee to assess the damages.

3. By orders dated 06.01.2021 and 10.02.2021, the First Bench of this Court in W.P.Nos.23756 & 28475 of 2019 directed the appropriate authorities to take action against the brick kilns, which were operating illegally or without any licence. Originally, closure orders were passed by the Tahsildar concerned on 19.03.2021 along with the District Environmental Engineer, and the Assistant Director of Geology and Mining. This order dated 19.03.2021 was challenged before this Court in a batch of writ petitions in W.P.No.9606 of 2021, etc. This Court, by its order held that the proper authority is the District Collector of Coimbatore and therefore, set aside the orders passed by the aforesaid three authorities dated 19.03.2021. This court directed the District Collector, Coimbatore, to pass orders after hearing the affected parties. Pursuant thereto, the District Collector of Coimbatore had ordered closure of 185 illegally operating brick kilns.

4. On 13.06.2021, the District Collector, Coimbatore, directed the closure of the brick kilns. In the mean time, the NGT, South Zone, initiated a suo motu case in O.A.No.119 of 2021. The NGT constituted a joint committee comprising of the District Collector, a member from the Tamil Nadu State Environment Impact Assessment Authority, District Environmental Engineer, TNPCB, a member of the Central Pollution Control Board (CPCB), and the Regional Director of Geology and Mining. This committee was directed to personally inspect the areas and submit a report and a report was also submitted. Since action was initiated by the NGT (South Zone), W.P.No.28475 of 2019 was dismissed directing the parties to approach the NGT for assessment of damages. In turn, by order dated 13.05.2022, NGT (South Zone) directed the authorities to determine the damages that had been caused on account of 185 illegally run brick kilns. This order was passed on that very day, the Joint Committee filed a report before the NGT. Within a couple of months, the Chairman, TNPCB, issued notices in exercise of the powers delegated to him under Section 5 of the Environment (Protection) Act, 1986 calling upon the n