Environmental laws prioritize public health over private interests, ensuring compliance with pollution norms even for long-established units.

For Petitioner : Mr.K.S.Viswanathan, Senior counsel for Mr.G.M.Ananthakumar For RR1 & 2 : Mr.P.S.Raman, Advocate General assisted by Mr.V.Gunasekar, Standing Counsel for TNPCB For RR 3 & 4 : Mr.S.Madhusudhanan Standing counsel For R5 : Mr.Srinath Sridevan Standing counsel For R6 : Mr.T.Mohan, Standing counsel for Mr.M.S.Seshadri ORDER S.S.SUNDAR, J., (1)This writ petition is filed seeking for issuance of a writ of certiorari to quash the order passed by the 1^st respondent dated 22.08.2022.

(2)The petitioner is a Stone Crushing Industry operating in Kamandoddi Village, Soolagiri Taluk, Krishnagiri District in an extent of 5.77 acres. It is admitted by the petitioner that originally, the Crusher Unit was established by another individual in the name of M/s.Balaji Blue Metals in the year 2003 and the said Industry had obtained consent to operate from the board on 06.07.2005 with the capacity of 12 tons per day.

(3)The petitioner purchased the industry from M/s.Sri Balaji Blue Metals vide registered Sale Deed dated 16.02.2005 and is running the Stone Crusher Unit in the name M/s.Angala Parameswari Blue Metals. The petitioner was running the Unit till 2018 only with the capacity of 12 tons per day. However, in the year 2018, the petitioner obtained consent for expansion of the Unit by increasing the capacity of the Blue Metal Jelly together with M-Sand manufacturing by order dated 06.06.2018 issued by the Tamil Nadu Pollution Control Board [TNPCB] with the capacity of

4000 tons per day. The petitioner also obtained lease from the Government for running a quarry unit in the same survey number. It is not in dispute that the petitioner has obtained environmental clearance for the quarry at S.No.1236/2 in Kamandoddi village. However, problem started when the respondents 5 and 6 objected for running the quarry and Crusher Units of the petitioner for the reason that the petitioner's Crushing Unit and Quarry site lie within the prohibited distance of 500 meter from the residential colony. While the petitioner submitted a representation to the Town and Country Planning authorities, not to entertain any approval for layouts in and around the Crushing Unit, respondents 5 and 6 have submitted repeated representations and complaints to the TNPCB stating that the dust pollution on account of operation of petitioner's Crushing Unit and Quarry is unbearable and the petitioner cannot be permitted to quarry or having Crushing Unit as several residential units of villagers are located within 300 meters from the Crusher. Since the stone crusher was in operation from 2005, the petitioner has been contending that establishment of residential houses after the establishment of Crusher Unit is prohibited and the objection of residents cannot be entertained. When the petitioner applied for renewal of consent on 28.12.2021, the application ws returned on 12.05.2022 and the petitioner was called upon to produce authenticated document showing that there is no habitation within 500 meters from the Crusher. Subsequently, TNPCB passed an order of closure on 22.08.2022 with a direction to disconnect the power supply, not only on the ground that the petitioner's Crusher is located within 300 meters from residential houses, but also on the ground that the petitioner has failed to adhere to the norms and failed to satisfy the requirements for getting consen