Sri Bhavani Textiles Processors Pvt Ltd., v. The Additional Chief Secretary to Government

ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard. With the consent of parties, the case is finally heard.

¶2The sole ground challenging the impugned order dated

10.06.2025 is that the earlier order passed by the Government in favour of the petitioner on 26.11.2024 has been cancelled without affording any opportunity of hearing and therefore, only on this ground, the impugned order is void ab initio.

¶3Learned State counsel, though not in a position to dispute the factual allegation that before issuance of the impugned order, no opportunity of hearing was afforded and the earlier order dated

26.11.2024 was cancelled, he would submit that the cancellation was felt necessary upon receipt of inspection report stating that the petitioner, in fact, had no manufacturing unit established.

¶4Learned counsel for the petitioner would submit that such report is false and fabricated because the petitioner was granted consent to establish only after due inspection of the industrial unit by the officials of the Tamil Nadu Pollution Control Board.

¶5Be that as it may, we need not go into the merits of the case for the reason that the impugned order has been passed cancelling the earlier order passed in favour of the petitioner, without affording the petitioner any opportunity of hearing whatsoever. Therefore, only on that ground, the petition deserves to be allowed and is, accordingly, allowed. The impugned order dated 10.06.2025 is set aside.

¶6However, this order shall not come in the way of the respondents in issuing fresh notice affording opportunity of hearing to the petitioner and passing fresh orders, as may be warranted in accordance with law. There shall be no order as to costs. Consequently, the interim applications stand closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.)

19.02.2026 Index : Yes/No : Yes/No sra To

¶1The Additional Chief Secretary to Government, Environment, Climate Change and Forest (EC.3) Department, Secretariat, Fort St. George, Chennai 600 009.

¶2The Chairman, Tamil Nadu Pollution Control Board, Mount Road, Guindy, Chennai 600 032. THE HON'BLE CHIEF JUSTICE AND

G.ARUL MURUGAN, J.

(sra)

19.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.02.2026 CORAM THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Writ Petition No.29866 of 2025 and WMP Nos.33501 and 33502 of 2025 M/s.Sri Bhavani Textiles Processors Pvt. Ltd., Rep. By its Additional Director, Mr.G.Dhanasekar, S.F.No.166/1, 2, Akkarai Kodivery, Kasipalayam Post, Gobi Taluk, Erode District-638 454. .. Petitioner -vs- 1. The Additional Chief Secretary to Government, Environment, Climate Change and Forest (EC.3) Department, Secretariat, Fort St. George, Chennai 600 009. 2. The Chairman, Tamil Nadu Pollution Control Board, Mount Road, Guindy, Chennai 600 032. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to G.O. (Ms.) No.3D(9) dated 10.06.2025 issued by the 1st respondent and to quash the same as being illegal, arbitrary, violative or principles of natural justice and consequently direct the respondents to restore and give effect to the exemption order issued in G.O. (Ms.) No.3D(9) dated 26.11.2024. For Petitioner : Mr.N.Murali Kumaran Senior Counsel for Mrs.Rita Chandrasekar for M/s.Aiyar and Dolia For Respondents : Dr.T.Sreenivasan Spl. Govt. Pleader for R-1 : Mr.J.Ravindran Addl. Adv. General Asst. by Mr.V.Gunasekar Stdg. Counsel for R-2 * * *