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Reg : A legal opinion on replying to TNPCB for false allegation.
24-Oct-2023 (In Civil Law)
Dear sir /madam,
Myself Dr. Haresh
My Permanemt residential address @kanchipuram.
Recently there has been false allegation made by Tamil Nadu pollution control board conducted an inspection at this address, which they concluded my home(since 1996 to till date) as HCF ( health care facility) and found a biomedical waste.There was no person who inspected my home on the mentioned date as per my mother who is living there. I am living and working in Chennai for past 6 years and my brother is also a doctor working in Banglore since 2017, now working in kerala.
Then how can a TNCPCB can conclude my home as HCF and inspect without any prior notice or under whose authorisation?
My question is : As per which Indian law - My permanemt residential home has been concluded as HCF by some random person self conclusion and inspected somehwre else and sending a show cause notice stating a biomedical Waste has been found while am out of state for more than 3 years.
How To reply to tnpcb?
The provisions of the Act provides that the Authority, on receipt of reply for the show cause notice, is to decide the case after giving a reasonable opportunity to the respondent of being heard. ... Thus the only way to challenge the issue of show cause notice is by way of filing a writ petition before the High Court.
Helpful?
Adv. Raghuraman Balaji
Chennai | 900+ Answers
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Hello Mr. Harish, any inspection made should be with due notice. Anything done without due notice and proper showcause notice would not stand the rigour of law. If you can forward me the notice issued by TNPCB, I would be able to assist you and take it further.
Helpful?
Adv. Suraj Chandrasekaran
Chennai | 25+ Answers
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