Madras High CourtWP/2252/2024disposed of

N.Rajamanickam v. State Of Tamil Nadu

2024-03-26Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.Rajamanickam .. Petitioner vs 1.State of Tamil Nadu, rep. by its Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai-600 009.

2.The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-600 032.

3.The Deputy Director, Local Planning Authority, Tirupur District.

4.The District Collector, Office of the Collectorate, Tiruppur District.

5.The Revenue Divisional Officer, Palladam Taluk, Trippur District.

6.The Tahsildar, Palladam Taluk, Trippur District.

7.The Commissioner, Palladam Panchayat Union, Trippur District.

8.The President, Anupatti Village Panchayat, Trippur District.

9.The Executive Engineer, Office of the EB Campus, Palladam Circle, Trippur District.

10.M/s.Kannappan Alloy & Steel Company P Ltd., SF.No.262, Merku Thottam, Karaivavi Road, Anupatti Post, Palladam Taluk, Tiruppur-641 664.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1 to 8 official respondents to consider the representations of the petitioner dated 15.8.2014, 6.11.2019 and 24.4.2023 and consequently direct the official respondents 1 to 6 to take an action against the 10th respondent unauthorised established Industrial Factory at S.F.Nos.262/1, 2, 263/1B2, 2B2 and 264/2A3, 2B, Anupatti Village, Palladam Taluk, Tiruppur District and accordingly implement the order of the 8th respondent dated 28.4.2023.

For the Petitioner : Mr.K.Myilsamy For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1, 3 to 6 : Mr.P.Nethaji for respondent No.8 : Mr.L.Jaivenkatesh for respondent No.9 : Mr.K.V.Babu for respondent No.10

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.K.Myilsamy, learned counsel for the petitioner; Mr.T.K.Saravanan, learned Government Advocate for respondents 1, 3 to 6; Mr.P.Nethaji, learned counsel for respondent No.8; Mr.L.Jaivenkatesh, learned counsel for respondent No.9; and, Mr.K.V.Babu, learned counsel for respondent No.10.

2. It is submitted that respondent No.10 has unauthorizedly established the industrial factory at Survey Nos.262/1,2; 263/1B2,

2B2 and 264/2A3, 2B at Anupatti Village, Palladam Taluk.

3. Learned counsel for respondent No.10 submits that the notice issued by the sixth respondent herein was challenged by respondent No.10 by filing a writ petition, bearing No.33163 of 2023. The said notice was quashed under the order dated 26.2.2024 by a Coordinate Bench of this Court.

4. From a perusal of the order dated 26.2.2024 passed in W.P.No.33163 of 2023, it appears that the sixth respondent therein is permitted to initiate action against the petitioner therein in accordance with law, in case the petitioner has not complied with any statutory requirement, after issuing a show cause notice and giving sufficient opportunity.

5. In the light of the said order passed, we are not inclined to pass any order in the present writ petition. The parties may take appropriate steps as may be permissible under law.

6. The writ petition, as such, is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 26.03.2024 Index :

Yes/No :

Yes/No bbr To 1.The Secretary, State of Tamil Nadu, Revenue and Disaster Management Department, Fort St. George, Chennai-600 009.