Madras High CourtWP/11890/2021disposed of

N.K.Chandra Mohan v. District Collector

2024-04-22Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.12643 and 12644 of 2021

1. N.K.Chandra Mohan

2. Ramya.D

3. M.Ponnusamy

4. P.Subramanian

5. S.Kavitha

6. M.Ravi

7. T.V.Sampathkumar

8. R.Krishnaswamy

...Petitioners

-Vs1. District Collector, Coimbatore District, 7/1, State Bank Road, Gopalapuram, Coimbatore, Tamil Nadu - 641018.

2. The District Environmental Engineer, Tamilnadu Pollution Control Board, No.5, Ramasamy Nagar, Near Fire Service Station, Kavundampalayam, Coimbatore - 641 030.

3. Assistant Director, Department of Geology and Mining, Coimbatore.

4. Tahsildar, Coimbatore North Taluk, Coimbatore District.

5. The Superintending Engineer, Coimbatore North Division, Tamil Nadu Generation and Distribution Corporation Limited, Office of the Superintending Engineer, Coimbatore Electricity Distribution Circle North, Coimbatore - 641 012.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to consider the applications of the 1st petitioner dated 09.04.2021, 2nd petitioner dated 09.04.2021, 3rd petitioner dated 09.04.2021, 4th petitioner dated 12.04.2021, 5th petitioner dated 12.04.2021, 6th petitioner dated 09.04.2021, 7th petitioner dated 13.04.2021, 8th petitioner dated 12.04.2021 and consequently direct the 1st respondent to grant permit to the petitioners Brick Kilns within a time frame to be fixed by this Court and in the meanwhile, forbearing the respondents from interfering with the petitioners' peaceful possession and carrying on business of its Brick Kilns situated at S.F.No. 57/1A3A, Nanjundapuram Village, 592/1, 593/2, 594/A2, 594/B1, Aanaikatti Main Road, Chinnathadagam Village, 263/1, Chinnathadagam Village, 337/3, 341/3 Chinnathadagam Village & 206/2B2 Nanjundapuram Village,

589/3B, 588/4C Chinnathadagam Village, 117, 118A Nanjundapuram Village, 555 Anuvavi Subramaniar Kovil Pirivu, Chinnathadagam (post), 491/B2, Anaikatty Main Road, Chinnathadagam respectively. For Petitioners : Mr.Richardson Wilson for P.Wilson Associates For R1 to R4 : Mr.E.Vijay Anand Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the 1st respondent to consider the applications of the 1st petitioner dated 09.04.2021, 2nd petitioner dated 09.04.2021, 3rd petitioner dated 09.04.2021, 4th petitioner dated 12.04.2021, 5th petitioner dated 12.04.2021, 6th petitioner dated 09.04.2021, 7th petitioner dated 13.04.2021, 8th petitioner dated 12.04.2021 and consequently direct the 1st respondent to grant permission to the petitioners Brick Kilns within a time frame to be fixed by this Court and in the meanwhile, forbearing the respondents from interfering with the petitioners' peaceful possession and carrying on business of its Brick Kilns situated at S.F.No. 57/1A3A, Nanjundapuram Village, 592/1, 593/2, 594/A2, 594/B1, Aanaikatti Main Road, Chinnathadagam Village, 263/1, Chinnathadagam Village, 337/3,

341/3 Chinnathadagam Village & 206/2B2 Nanjundapuram Village, 589/3B, 588/4C Chinnathadagam Village, 117, 118A Nanjundapuram Village, 555 Anuvavi Subramaniar Kovil Pirivu, Chinnathadagam (post), 491/B2, Anaikatty Main Road, Chinnathadagam respectively.

2. It is seen that the applications submitted by the petitioners seeking permission to carry out the business Brick Kilns in the subject property are pending with the first respondent.

3. The learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that on receipt of the said applications, the petitioners were directed to submit certain documents.

4. In view of the above, without expressing any opinion on the merits of the writ petition, the first respondent is directed to consider the applications submitted by the petitioners and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

22.04.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. District Collector, Coimbatore District, 7/1, State Bank Road, Gopalapuram, Coimbatore, Tamil Nadu - 641018.

2. The District Environmental Engineer, Tamilnadu Pollution Control Board, No. 5, Ramasamy Nagar, Near Fire Service Station, Kavundampalayam, Coimbatore - 641 030.

3. Assistant Director, Department of Geology and Mining, Coimbatore.

4. Tahsildar, Coimbatore North Taluk, Coimbatore District.

G.K.ILANTHIRAIYAN. J, mn

22.04.2024