C O M M O N O R D E R

[Order of the Court was made by M.SUNDAR, J.]

This common order will now dispose of the captioned two

'Writ Petitions' [hereinafter 'WPs' in plural and 'WP' in singular for the sake of brevity, convenience and clarity] and the captioned three 'Writ Miscellaneous Petitions' [hereinafter 'WMPs' in plural and 'WMP' in singular for the sake of brevity, convenience and clarity].

2. This common order has to be read in conjunction with and in continuation of earlier proceedings made yesterday [13.12.2023] in W.P(MD)No.29311 of 2023 and WMP(MD)Nos.25327 & 25328 of 2023

thereat which reads as follows:

3. The aforementioned proceedings captures all essentials that are imperative for appreciating this common final order and therefore we are not setting out the same again. Suffice to say that aforementioned 13.12.2023 proceedings shall now be read as integral part and parcel of this common final order. This also means that short forms, short references and abbreviations used in the earlier proceedings dated 13.12.2023 will continue to be used in the instant common final order also for the sake of brevity, convenience and clarity.

4. Before we proceed further, we deem it appropriate to write that pursuant to aforementioned earlier proceedings made yesterday, captioned two main WPs and WMPs thereat have been tagged and listed together as one item in the cause list today. The same set of counsel for the respective parties as captured in the previous proceedings made yesterday are before us today.

5. We shall refer to 'WP(MD)No.13652 of 2023' as 'I WP' and we shall refer to 'WP(MD)No.29311 of 2023' as 'II WP' for the sake of convenience and clarity.

6. I WP has been filed with a Mandamus prayer seeking a direction to the District Collector to take action under Rule 5(2) of The Municipal Solid Wastes (Management and Handling) Rules, 2000, against 4th respondent for allegedly violating the rules by running said plant. This Court deems it appropriate to record that there are two more writ petitions on the same subject but the same have been disposed of. Aforementioned two writ petitions are W.P(MD)No.1195 of 2023 [filed by the same petitioner who has filed captioned PIL] and W.P(MD)No. 2792 of 2023 filed by one Thiru.Jeganathan. Prayer in both these writ petitions i.e., W.P(MD)Nos.1195 of 2023 and 2792 of 2023 are same as they pertain to a prayer for a Mandamus to the jurisdictional District Collector and jurisdictional Revenue Divisional Officer to take action under Section 133(b) of 'The Code of Criminal Procedure, 1973 (2 of 1974)' [hereinafter 'Cr.P.C' for the sake of brevity and clarity]. W.P(MD)No.1195 of 2023 along with WMP(MD)No.1104 of 2023 thereat was disposed of by another Coordinate Hon'ble Division Bench in and by order dated 23.01.2023 which reads as follows:

7. W.P(MD)No.2792 of 2023 along with WMP(MD)No.2549

of 2023 thereat was disposed of by a Hon'ble Single Judge in and by order dated 16.02.2023 which reads as follows:

8. This Court having captured the entire gamut of facts now turns to alternate remedy aspect which has been captured in clause (v) of paragraph 6 of proceedings made yesterday which is now being read as integral part and parcel of this common final order. This takes us to Section 28 of Water Act. Section 28 of Water Act is captioned as 'Appeals' and it talks about appeal by any person aggrieved by an order made by TNPCB under Sections 25, 26 or 27 [to be noted, in the case on hand, impugned order has been made under Section 25 of Water Act]. Be that as it may, as regards the appellate authority, sub-section (2) of Section 28 of Water Act says that the State Government shall appoint an appellate authority consisting of single person or three persons. In the case on hand, learned Government Pleader Mr.P.Thilak Kumar and learned Standing Counsel for TNPCB Ms.M.Sudharani representing the counsel on record Mrs.Vijayalakshmi Natarajan submit in one voice that the State Government has constituted a Hon'ble a