V.Mohamed Anish v. State Of Tamil Nadu Rep.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.14331 of 2018 V.Mohamed Anish ... Petitioner -vs1. State of Tamil Nadu represented by its Chief Secretary, Office of the Secretariat, St.George Fort, Chennai.
2. The Tamil Nadu Pollution Control Board, Rep by its Member Commissioner, No.100, Anna Salai, Guindy, Chennai.
3. The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.E-55A, SIDCO Industrial Estate, Pollachi Main Road, Kurchi, Coimbatore-641 021.
4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 27, Vetnary Hospital Road, Udhagamandalam, The Nilgiris District-643 001.
5. The District Collector, Office of the District Collector, The Nilgiris.
6. The Nelliyalam Municipality, Represented by its Commissioner, Pandalur, The Nilgiris District.
7.M/s P.Rayin Civil & Conveyance Contractor, R.S.No.112/1E1A1, Devala, Poker Colony, Devala Post, The Nilgiris District.
8. The District Forest Officer, Office of the District Forest Officer, Gudalur, The Nilgiris District.
9. The Forest Range Officer, Pandalur Range, Devala, The Nilgiris District.
10. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gudalur, The Nilgiris District.
11. The Regional Transport Officer, Office of the Regional Transport Office, The Nilgiris District.
12.The Health Inspector, The Nelliyalam Municipality, Pandalur, The Nilgiris District.
13. The Primary Health Officer, Primary Health Centre, Devala, The Nilgiris District.
14. The Thasildhar, Office of the Thasildhar, Gudalur, The Nilgiris District.
15. The Superintendent of Police, The Office of the Superintendent of Police, The Nilgiris District.
16. The Deputy Superintendent of Police, Devala Police Station, Devala, The Nilgiris District.
17. The Inspector of Police, Devala Police Station, The Nilgiis District.
18. The Village Administrative Officer, Office of the Village Administrative Officer, Devala Village, The Nilgiris District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 7th respondent herein to close down the " thar mixing company" namely M/s P.RAYIN CIVIL & CONVEYANCE CONTRACTOR, located in petitioner village, in a hazardous manner causing hindrance to the health and living status of the General public by way of exceeding the permissible limit of manufacturing 22 metric ton per day.
For the Petitioner :
M/s S.Kingston Jerold For the Respondents :
Mr.Karthik Jagannath Govt. Advocate For RR 1,5,6 and 8 to 17
:
Ms.Shanmugavalli Sekar For RR 2 to 4 :
Mr.R.Saravanakumar for R-7 No appearance for R-18 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) The learned counsel for the petitioner submits that the petitioner is dead. The learned counsel for respondent No.2 submits that consent has been given by the Pollution Control Board. In light of the above, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.V.G., CJ.) (P.D.A., J.) 04.08.2023 Index : Yes/No : Yes/No sra
To
1. The Chief Secretary to Govt. of Tamil Nadu, Office of the Secretariat, St.George Fort, Chennai.
2. The Member Commissioner, Tamil Nadu Pollution Control Board, No.100, Anna Salai, Guindy, Chennai.
3. The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No.E-55A, SIDCO Industrial Estate, Pollachi Main Road, Kurchi, Coimbatore-641 021.
4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 27, Vetnary Hospital Road, Udhagamandalam, The Nilgiris District-643 001.
5. The District Collector, Office of the District Collector, The Nilgiris.
6. The Commissioner, Nelliyalam Municipality, Pandalur, The Nilgiris District.
7. The District Forest Officer, Office of the District Forest Officer, Gudalur, The Nilgiris District.
8. The Forest Range Officer, Pandalur Range, Devala, The Nilgiris District.
9. The Revenue Divisional Officer, Office of the Revenue Divisional Officer,
Gudalur, The Nilgiris District.
10.The Regional Transport Officer, Office of the Regional Transport Office, The Nilgiris District.
11.The Health Inspector, The Nelliyalam Municipality, Pandalur, The Nilgiris District.
12. The Primary Health Officer, Primary Health Centre, Devala, The Nilgiris District.
13. The Thasildhar, Office of the Thasildhar, Gudalur, The Nilgiris District.
14. The Superintendent of Police, The Office of the Superintendent of Police, The Nilgiris District.
15. The Deputy Superintendent of Police, Devala Police Station, Devala, The Nilgiris District.
16. The Inspector of Police, Devala Police Station, The Nilgiis District.
17. The Village Administrative Officer, Office of the Village Administrative Officer, Devala Village, The Nilgiris District
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) 04.08.2023