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Madras High CourtWP/13939/2001withdrawn dismissed

The President Of Ichipalayam v. M/S.Mahindra Fabrics Mills

2019-01-22Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2019 CORAM :

The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice KRISHNAN RAMASAMY W.P.Nos.13939 of 2001 and 10001 of 2006 and W.P.M.P.Nos.11282 and 11283 of 2006 and 188 of 2010 W.P.No.13939 of 2001 The President of Ichipalayam Village Panchayat S.Muthusamy, Ichipalayam, Perundurai Taluk,

...Petitioner

Vs 1.M/s.Mahiendra Fabrics Mills rep. by its Partner, 68, R.M. Building, Tirupur Road, Uthukuli - 638 751 2.The Commissioner, Uthukuli Panchayat Union, Perundurai Taluk, Erode District.

3.The Member Secretary, 100, Anna Salai, Guindy, Chennai - 32.

4.The District Environmental Engineer,

...Respondents

W.P.No.10001 of 2006 V.Baskaran

...Petitioner

Vs 1.The Chairman, 100, Anna Salai, Chennai - 32.

2.The District Environment Engineer, Tamil Nadu Pollution Control Board, Erode.

3.The District Collector, Erode District, Erode - 11.

4.The Revenue Divisional Officer, Sub Divisional Magistrate, 5.The Assistant Engineer, Tamil Nadu Electricity Board, Uthukuli East, Erode District.

6.The President, Ichipalayam Village Panchayat, Uthukuli - 638 751 7.M/s.Mahiendra Process rep. by its Partner P.Subramani

...Respondents

W.P.No.13939 of 2001:

Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus forbearing the first respondent from running the dyeing unit namely Mahiendra Fabrics Mills situate in R.S.Nos.71/1, 72/4, 77/5, 79/3 and 80/3 of Ichipalayam Village, Perundurai Taluk, Erode District, without obtaining the licence and planning permission from the competent authority and without adhering the norms prescribed by the Pollution Control Board. W.P.No.10001 of 2006:

Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus calling for the records pertaining to the impugned Consent Order No.19939 dated 20.07.2005 made in DEE/TNPCB/F.PR 124/ERD/R/S/W/2005 and the order No.15987 dated

20.07.2005 made in DEE/TN PCB/ERD/F.PR.124/R/S/A/2005 issued by the second respondent herein in favour of the seventh respondent, quash the same and consequently direct the seventh respondent herein to relocate his dyeing and hosiery unit to the SIPCOT Complex, Perundurai, Erode District.

For Petitioner ..

Mr.N.Manokaran in both W.Ps For Respondents..

Mr.Kandhan Doraisami for R1 in W.P.No.13939 of 2001 for R7 in W.P.No.10001 of 2006 Ms.A.Sri Jayanthi, Spl. Govt. Pleader for R2 in W.P.No.13939 of 2001 Mr.Ramanlaal for R3 & R4 in W.P.No.13939 of 2001 for R1 and R2 in W.P.No.10001 of 2006 Mr.R.Venkatesh, Govt. Advocate for R3, R4 and R6 in W.P.No.10001 of 2006 No appearance for R5 in W.P.No.10001 of 2006 COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) Learned counsel appearing for the petitioners seeks permission to withdraw the writ petitions and he has also made an endorsement to that effect.

2.In view of the endorsement made by the learned counsel for the petitioners, these writ petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

mmi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Commissioner, Uthukuli Panchayat Union, Perundurai Taluk, Erode District.

2. The Member Secretary, 100, Anna Salai, Guindy, Chennai - 32.

3. The District Environmental Engineer,

4. The Chairman, 100, Anna Salai, Chennai - 32.

5. The District Environment Engineer, Tamil Nadu Pollution Control Board, Erode.

6. The District Collector, Erode District, Erode - 11.

7. The Revenue Divisional Officer, Sub Divisional Magistrate,

8. The Assistant Engineer, Tamil Nadu Electricity Board, Uthukuli East, Erode District.

9. The President, Ichipalayam Village Panchayat, Uthukuli - 638 751 +2cc to Mr.N.Manokaran, Advocate, S.R.No.4892 & 4893 +1cc to Mr.Muthumani Doraisami, Advocate, S.R.No.4880 +1cc to the Government Pleader, S.R.No.5043 W.P.Nos.13939 of 2001 and 10001 of 2006 MP(CO) KAK(20/02/2019)