Sri Murugan Blue Metal, v. The Tamil Nadu Pollution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.03.2018 Coram The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr. Justice P.D.Audikesavalu W.P. 5928 of 2018 Sri Murugan Blue Metal, rep. by its Proprietor, P. Jayavel. ...Petitioner Vs.
1. The Tamil Nadu Pollution Control Board Represented by its Chairman, No.76, Mount Road, Guindy, Chennai - 600 032.
2. The District Environmental Engineer Tamil Nadu Pollution Control Board Hosur, Krishnagiri District.
...Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus to direct the respondents 1 and 2 herein to consider the representation of the petitioner, dated 08.12.2017, seeking consent to operate the petitioner's Jelly Crushing Unit in S.Nos.192 and 193/65, Venkatesapuram Village and Post, Hosur Taluk, Krishnagiri District.
For Petitioner : Mr.T.Dhanasekaran For Respondents : Mrs.Rita Chandrasekar
O R D E R
(Order of the Court was delivered by R.Subbiah, J.) Heard Mr.T.Dhanasekaran, the learned counsel appearing for the petitioner and Mrs.Rita Chandrasekar, the learned counsel, accepting notice on behalf of the respondents. With consent of the learned counsel appearing on either side, the Writ Petition is taken up for disposal.
2. This Petition has been filed by the petitioner, seeking for issuance of a Writ, in the nature of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner, dated 08.12.2017, made to grant consent to operate the petitioner's Jelly Crushing Unit in the property comprised S.Nos.192 and 193/65, situate at Venkatesapuram Village and Post, Hosur Taluk, Krishnagiri District. 3.
On a perusal of the affidavit, filed in support of this Writ Petition, it could be deduced that, seeking the aforesaid relief, the petitioner has made a representation dated 08.12.2017, to the respondents. Since the petitioner has not been favoured with any response/reply, the petitioner is constrained to approach this Court, by way of filing the present Writ Petition.
4.
The learned counsel appearing on behalf of the respondents would submit that the orders on merits and in accordance with law will be passed on the representation submitted by the petitioner, and requests that some reasonable time may be granted.
5.
Considering the limited scope of the prayer, sought for, by the petitioner, in this Writ Petition, i.e., for a direction upon the respondents 1 and 2 to consider the representation of the petitioner, dated 08.12.2017, made to grant consent to operate the Jelly Crushing Unit, in the land, (morefully described in para No.2 of this order), this Court, without expressing any view with regard to the merits of the contentions putforth by the petitioner either in the Writ Petition or in the Representation, is of the view that, suffice it to direct the respondents to consider the petitioner's representation, dated 08.12.2017, within a specified period.
6. Accordingly, this Writ Petition is disposed of, by directing the respondents to consider the petitioner's representation, dated 08.12.2017 and dispose of the same, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. No costs. Sd/- Deputy Registrar(CS III) //True Copy// Sub Assistant Registrar sd
To 1.The Tamil Nadu Pollution Control Board Represented by its Chairman, No.76, Mount Road, Guindy, Chennai - 600 032.
2. The District Environmental Engineer Tamil Nadu Pollution Control Board Hosur, Krishnagiri District.
+1cc to Mr.T.Dhansekaran, Advocate, S.R.No.20390 W.P. 5928 of 2018 RRK(26/03/2018)