The court emphasized that a petitioner must demonstrate bona fides in pursuing litigation, especially after prior adjudication on the same matter.

(Order of the Court was made by N.SATHISH KUMAR, J.

The petitioner has filed the present Writ Petition seeking a direction to the fourth respondent to close down the crusher unit situated in Survey No.667 and the quarry operations carried on in Survey Nos.568, 613, 614, 672, 571 (Part), 669, 670 (Part) and 671, located at Munnur Village, Pugalur Taluk, Karur District, which are run by M/s. Bala Vinayaga Blue Metals, arrayed as the 13th respondent herein.

2.When the matter is taken up for hearing today, it is brought to the notice of this Court that the lease period had already expired on 22.10.2022. It is further stated that the Joint Inspection Team found that the 13^th respondent had quarried and removed gravel and rough stone in excess of the permitted quantity. Consequently, a penalty of Rs.40,98,995/- was imposed and the said amount has also been recovered in instalments.

3.Insofar as the crushing unit is concerned, the issue had already been taken cognizance of by the National Green Tribunal, Southern Zone, Chennai, which imposed a fine, and the matter has attained finality.

4.It appears that one M.Kathirvel, who is stated to be the cousin of the present writ petitioner, had filed an application in O.A.No.106 of 2021 (SZ) before the National Green Tribunal, Southern Zone, Chennai, as against the crushing unit. In the said proceedings, the National Green Tribunal passed the following order:

“38.So, this Original Application is disposed of with the following directions:

(i) The Joint Committee report regarding the environmental compensation of Rs.1,00,000/- (Rupees One Lakh only) for drawal of groundwater without permission by the 11th Respondent viz., M/s Bala Vinayaga Blue Metals (Originally 16th Respondent) is accepted and confirmed and the 11th Respondent (Originally 16th Respondent) is directed to pay the said amount to the Water Resources Department (WRD) within a period of 2 (Two) months, failing which the Water Resources Department (WRD) is entitled to recover the amount from the 11th Respondent by initiating appropriate proceedings with the help of the District Collector.

(ii) As regards the action for recovery of environmental compensation for excess mining and the royalty and penalty, etc., are concerned, the Director of Mines and Geology is directed to take appropriate action in accordance with law, subject to the directions, if any, to be issued by the Hon’ble High Court of Madras at Madurai Bench in the writ petitions mentioned above.

(iii) The 11th Respondent (Originally 16th Respondent) is directed to implement the recommendations made by the Joint Committee to prevent dust pollution. They are also directed to develop a green belt as recommended by the Joint Committee to avoid dust dust as well as sound pollution, if any, likely to be caused on account of the operation of their unit.

(iv) The State Pollution Control Board is directed to inspect the 11th Respondent (Originally 16th Respondent) unit periodically and if there is any further violation found, they are directed to take appropriate action against the 11th Respondent (Originally 16th Respondent) after giving opportunity to the unit and pass appropriate orders in accordance with the law.

(v) The right of the applicant to approach this Tribunal in future for any further violation or pollution being caused on account of the operation of the 11th Respondent (Originally 16th Respondent) unit is left open.

(vi) Considering the circumstances, the parties are directed to bear their respective costs in the application.”

5.It is now stated that, pursuant to the order passed by the National Green Tribunal, the conditions imposed therein have been duly complied with.

6.The petitioner, who is none other than the cousin of the applicant before the National