A Division Bench of justices MM Sundaresh and N Sathishkumar directed the State’s counsel to inform and clarify whether both, the transferred TNPCB Chairman and the one who replaced, could cooperate with each other and conduct joint inspection after consultations with the government.

MG Devasahayam, a retired IAS officer from Nagercoil, moved the court and stressed on the need for retaining the former TNPCB Chairman, saying that he knew about the details and the issues concerning the Sterlite Copper unit in Thoothukudi, which was sealed after the deadly violence on May 22. The plant was sealed on May 28 as per the Government Order. 

The petitioner further claimed that the transfer of Nizamuddin, who was replaced by another IAS officer, Shambu Kallolikar, would hinder the progress in investigation of the National Green Tribunal (NGT), which has formed an independent committee led by a retired judge. The committee will submit its report in six weeks after conducting inspections inside the plant, which is expected to be carried out in a few more days.

The petitioner asserted that though the replaced officer was senior and efficient, Nazimuddin was more experienced regarding the Sterlite issue said. However, it was impossible to get hold of all the information and details regarding Sterlite in a short span of time and chances of keeping intact the plant’s closure order were remote, he said, adding that it would create a setback on the issue.

 

Hence, the GO dated August 23 should be cancelled and as per the Supreme Court guidelines, rules should be framed in this regard, the petitioner prayed. Henri Tiphagne, the petitioner’s counsel also felt the need for retaining the former TNPCB Chairman as he was aware of the issues concerning Sterlite. 

The bench adjourned the case to September 3.