K.Balasubramaniyam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.9293 of 2025 1.K.Balasubramaniyam 2.E.Thangavel 3.V.P.Ramasamy 4.P.Venkatachalam 5.Eswaran 6.K.Balasubramaniam 7.Parthiban ... Petitioners Vs.

1.The District Collector, Tiruppur, 2.The Deputy Director, Town and Country Planning, Kumaran Complex, (Opposite to Railway Station), 3.The Commissioner, Geology and Mining, Thiru Vi Ka Industrial Estate, Guindy, Chennai.

Page No.1 of 7

4.The Deputy Director, Geology and Mining, 5.The President, Iduvai Panchayat, Tiruppur Taluk, 6.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Trichy Road, G.T.Building, Palladam, 7.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Udumalai Road, Power House, Palladam, 8.The Commissioner, Tiruppur City Municipal Corporation, ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to dispose the application dated 04.02.2025 in time bounded manner as provided under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Page No.2 of 7

For Petitioners : Mr.K.Myilsamy For Respondents 1 to 5 :

Mrs.R.L.Karthika, Government Advocate For Respondents 6 & 7 :

Mr.L.Jaivenkatesh, Standing Counsel For Respondent 8 :

Mr.Abisheik Murthy

O R D E R

The petitioners have filed this petition to direct the respondents 1 to 7 to take appropriate action against the eighth respondent for the removal of unauthorized installation of solar panels and its construction on the land comprising S.No. 288/2, 288/3 situated at Iduvai Village, Tiruppur, Tiruppur District, by considering the representation dated 25.09.2024.

2. The case of the petitioner is that they are engaged in the business of stone quarrying and crushing unit. Some of the petitioners' license expired and the same is pending for renewal. As per the Tamil Nadu Building Combined and Development Rules, quarries and crushers must maintain a 500-meter distance, while Tamil Nadu Minor Mineral Concession Rules prescribes 300 meters. So, the respondents are restricted from granted any Page No.3 of 7

development permission within the prohibited distance. This being the case, the eighth respondent corporation owns a land of 10 acres, which is 200 meters from the petitioners' quarries and without obtaining any permission, the eighth respondent installed solar panels and constructed a building. Hence, the petitioners have sent a representation dated 25.09.2024 seeking action against the eighth respondent, but no order was passed. Aggrieved over the same, the petitioners have come forward with the present writ petition.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioners submitted that it would suffice if this Court issues direction to the respondents 1 to 7 to consider the petitioners' representation dated 25.09.2024, within a time frame to be fixed by this Court.

4. Learned counsel appearing for the eighth respondent would submit that there is only a proposal to install the solar panels and the same is not installed and functioning as on date.

5. Heard the learned counsel on either side and perused the materials Page No.4 of 7

available on record.

6. Considering the submission made by the learned counsel on either side, this Court directs the respondents 1 to 7 to consider the representation of the petitioners' dated 25.09.2024, after giving due notice to the petitioners, affording an opportunity of personal hearing, considering the documents filed by the petitioners, on merits in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

7. This writ petition is disposed of with the aforesaid observation and direction. No costs.

21.03.2025 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The District Collector, Tiruppur, Page No.5 of 7

2.The Deputy Director, Town and Country Planning, Kumaran Complex, (Opposite to Railway Station), J.SATHYA NARAYANA PRASAD,J.

vm 3.The Commissioner, Geology and Mining, Thiru Vi Ka Industrial Estate, Guindy, Chennai.

4.The Deputy Director, Geology and Mining, 5.The President, Iduvai Panchayat, Tiruppur Taluk, 6.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Trichy Road, G.T.Building, Palladam, 7.The Executive Engineer, Page No.6 of 7

Tamil Nadu Generation and Distribution Corporation Limited, Udumalai Road, Power House, Palladam, 8.The Commissioner, Tiruppur City Municipal Corporation, 21.03.2025 Page No.7 of 7