R.Ismail v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR R.Ismail ... Petitioner Vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Thasildar, Uthiramerur Taluk, Kancheepuram District.

3.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.

4.Ravindranath ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to take appropriate action against the 4th respondent who is running Brick Kilns Unit

comprised in Survey No.470/1 of No.100, Orakattupettai Village, Uthiramerur Taluk, Kancheepuram District, by considering the petitioner's representation dated 06.02.2024 within a time frame that may be fixed by this Court.

For Petitioner :

Mr.P.Chandrasekar For R1 and R2 :

Mr.M.R.Gokul Krishnan Additional Government Pleader For R3 :

Mr.Shanmugavalli Sekar Standing Counsel for TNPCB For R4 :

Mr.V.Srinivasa Babu

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus directing the 1st respondent to take appropriate action against the 4th respondent who is running a Brick Kiln in the patta land owned by him, based on the representation of the petitioner dated 06.02.2024.

2.In the representation, the petitioner has only stated that he is residing adjacent to the Brick Kiln and that on account of the air pollution caused by the industry of the 4th respondent, he is put to lot of inconvenience. Therefore, the petitioner's grievance is only on account of the pollution that is caused by the 4th respondent by putting up a Brick Kiln without following the norms. Even though in the representation the petitioner states that the 4th respondent has not obtained any consent from the Pollution Control Board, learned counsel appearing for the 4th respondent states the 4th respondent is operating the Brick Kiln. Learned counsel for the 4th respondent further points out that the same petitioner has subsequently filed an Original Application before the National Green Tribunal in O.A.No.128 of 2024 for similar relief.

In view of the same, with a liberty preserved to the petitioner to prosecute the Original Application filed by the petitioner before the National Green Tribunal, this writ petition is closed. No costs. (S.S.S.R., J.) (N.S., J.) 13.06.

To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Thasildar, Uthiramerur Taluk, Kancheepuram District.

3.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai - 600 032.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn 13.06.2024