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Madras High CourtWP/4324/2021disposed of

M.Sundararaj v. The State Of Tamil Nadu

2024-06-12Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4324 of 2021 and WMP.Nos.4905 & 4906 of 2021 1.M.Sundararaj 2.V.Natarajan

...Petitioners

Vs.

1.The State of Tamilnadu, Rep. By its Secretary to Government, Department of Rural Development and Panchayat, Secretariat, Chennai 600 009 2.The Engineer in Chief, Water Resources Organization, Public Works Department, Chepauk, Chennai 600 005 3.The Director, Directorate of Industrial Safety and Health, T.S.No.47/1, SIDCO Industrial Estate, Guindy, Chennai 600 032 4.The Director, Directorate of Town and Country Planning, Chengalvarayan Building 4th Floor, 807, Anna Salai, 5.The District Collector, 1/6

6.The District Revenue Officer, 7.The Sub Collector, Sub Collector Office, Pollachi 642 001, Coimbatore District 8.The Tahsildar, Pollachi Taluk, Pollachi 642 001, Coimbatore District 9.The Block Development Officer, Pollachi (North) Panchayat Union Office, Pollachi 642 001 Coimbatore District 10.The Chairman, Tamilnadu Generation and Distribution Corporation, 144, 10th Floor, NKPRR Maligai, Anna Salai, 11.The Assistant Engineer, Tamilnadu Generation and Distribution Corporation, Zamin Uthukuli 642 004 Pollachi Taluk, Coimbatore District 12.The Chairman, Coir Board, M.G.Road, Ernakulam, Kochi 682 016 State of Kerala 13.D.Srinivasan 14.S.Muthulakshmi 15.S.Habibullah 16.A.Afzal Khan 2/6

17.A.Thusindara Gnanaraj ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 12 not to grant any licence, permission or NOC to the respondents 13 to 17 to construct and establish the hazardous coir fiber and coir pith manufacturing units in the agricultural lands in S.F.No. 12/1A (0.48.0 Hrs), S.F.No.12/2C (0.37.0 Hrs), S.F.No. 20/3 (0.40.5 Hrs), S.F.No. 20/4 (0.40.5 Hrs) and S.No. 20/5 (0.40.5Hrs) of Rasichettipalayam Panchayat, Pollachi Taluk, Coimbatore District considering the representations dated 23.11.2020, 30.11.2020, 02.12.2020, 24.12.2020, 27.12.2020 and 05.01.2021.

For Petitioners : Mr.T.Mohan, Senior Counsel for M/s.Nivedita S.Menon For Respondents For R1 to 9 : Mr.R.Ramanlal, Additional Advocate General Assisted by Mr.T.Venkateshkumar, Special Government Pleader For R13 to 17 : Mr.R.Shanmugam

ORDER

This writ petition has been filed for direction to respondents 1 to 12 not to grant any licence, permission or NOC to respondents 13 to 3/6

17 to construct and establish the hazardous coir fiber and coir pith manufacturing units in the agricultural lands in S.F.No. 12/1A (0.48.0 Hrs), S.F.No.12/2C (0.37.0 Hrs), S.F.No. 20/3 (0.40.5 Hrs), S.F.No. 20/4 (0.40.5 Hrs) and S.No. 20/5 (0.40.5Hrs) of Rasichettipalayam Panchayat, Pollachi Taluk, Coimbatore District considering the representations dated 23.11.2020, 30.11.2020, 02.12.2020, 24.12.2020, 27.12.2020 and 05.01.2021.

2.

The learned Senior Counsel appearing for the petitioners submitted that respondents 15 to 17 already commenced manufacturing activities without any licence.

3.

Therefore, if respondents 15 to 17 were granted licence for coir pith manufacturing units, the petitioner is at liberty to challenge their licence in the manner known to law for any violations while issuance of licence, permission or no objection certificate. Further, respondents 2, 4, 5 & 9 are directed to serve copy of licence, if any, issued in favour of respondents 15 to 17, to the petitioner within a period of four weeks from the date of receipt of copy of this order.

4/6

4.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

12.06.2024 Index: Yes/No Speaking/Non-speaking order lok 1.Secretary to Government, The State of Tamilnadu, Department of Rural Development and Panchayat, Secretariat, Chennai 600 009 2.The Engineer in Chief, Water Resources Organization, Public Works Department, Chepauk, Chennai 600 005 3.The Director, Directorate of Industrial Safety and Health, T.S.No.47/1, SIDCO Industrial Estate, Guindy, Chennai 600 032 4.The Director, Directorate of Town and Country Planning, Chengalvarayan Building 4th Floor, 807, Anna Salai, 5.The District Collector, 5/6

G.K.ILANTHIRAIYAN, J.

lok To 6.The District Revenue Officer, 7.The Sub Collector, Sub Collector Office, Pollachi 642 001, Coimbatore District 8.The Tahsildar, Pollachi Taluk, Pollachi 642 001, Coimbatore District 9.The Block Development Officer, Pollachi (North) Panchayat Union Office, Pollachi 642 001, Coimbatore District 10.The Chairman, Tamilnadu Generation and Distribution Corporation, 144, 10th Floor, NKPRR Maligai, Anna Salai, Chennai 600 002 11.The Assistant Engineer, Tamilnadu Generation and Distribution Corporation, Zamin Uthukuli 642 004 Pollachi Taluk, Coimbatore District 12.The Chairman, Coir Board, M.G.Road, Ernakulam, Kochi 682 016 State of Kerala 12.06.2024 6/6