K.K.Seerangan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR. JUSTICE P.B. BALAJI and WMP.Nos. 12367 & 12368 of 2024
1. K.K.SEERANGAN ..Petitioner Vs 1 THE DISTRICT COLLECTOR COLLECTORATE, ERODE- 638 011 ERODE DISTRICT.
2 THE REVENUE DIVISIONAL OFFICER GOBICHETTIPALAYAM, ERODE DISTRICT.
3 THE DISTRICT ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD SIPCOT COMPLEX, PERUNDURAI- 638 052, ERODE DISTRICT.
4 KUPPANDAMPALAYAM VILLAGE PANCHAYAT, REP BY ITS EXECUTIVE OFFICER KUPPANDAMPALAYAM, ANTHIYUR UNION, ERODE DISTRICT.
5 THE JUNIOR ENGINEER TANGEDCO GOBI ELECTRICITY DISTRIBUTION CIRCLE / EAST, ATHANI- 638 502, ERODE DISTRICT.
6 S.SAMPOORNAM 7 S.MYTHILI ..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, seeking directions, Directing the respondents 1 to 5 to forbear the respondents 6and 7 from starting or running the Animal Feed manufacturing Industry at R.S. No. 303/ 2 Kuppandampalayam Village Anthiyur Taluk Erode District for want of Consent to Establish and Consent to Operate from the 3rd Respondent by considering the petitioners representation dated 12.02.2024. For Petitioner - Mr.N.Manoharan For Respondents - Mr.S.Yaswanth, AGP - R1 & R2 Mr.E.Sundaram, GA - R4 Mr.V.Gunasekar, Standing Counsel - R3 Mr.E.P.Senniyangiri - R6 & R7 Mr. L.Jaivenkatesh,Standing Counsel -R5
O R D E R
Prayer sought for in the writ petition is for a directions to the respondents 1 to 5 to forbear the respondents 6and 7 from starting or running the Animal Feed manufacturing Industry at R.S. No. 303/ 2 Kuppandampalayam Village Anthiyur Taluk Erode District for want of Consent to Establish and Consent to Operate from the 3rd Respondent by considering the petitioners representation dated 12.02.2024.
2. Today, the learned counsel appearing for the respondents 6 & 7 filed a counter affidavit before this Court stating that they have have established a unit but not started its operation. The 6th & 7th respondents further undertakes not to operate the industry without obtaining consent from the Pollution Control Board. The relevant portion is extracted below; "4. The respondent most humbly submits that the 6th respondent established the unit M/s Sabri Animal Feed, Poultry Feed and Cattle Feed. However, the Industry has not started its operation. No manufacturing process will be carried out, it is just a mixing unit. However, the Officials of the Pollution Control Board inspected the unit which is not in operation and instructed not to operate without consent. The erection process is at final stage.
5. These respondents hereby undertakes that they would not operate the industry without obtaining consent from the Pollution Control Board."
3. In view of the aforesaid statement made by the respondents 6 & 7 in the counter affidavit, the writ petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. (D.K.K., J.) (P.B.B., J.) 05.11.2024 Index : Yes/No Internet : Yes ak
To 1 THE DISTRICT COLLECTOR COLLECTORATE, ERODE- 638 011 ERODE DISTRICT.
2 THE REVENUE DIVISIONAL OFFICER GOBICHETTIPALAYAM, ERODE DISTRICT.
3 THE DISTRICT ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD SIPCOT COMPLEX, PERUNDURAI- 638 052, ERODE DISTRICT.
4 KUPPANDAMPALAYAM VILLAGE PANCHAYAT, REP BY ITS EXECUTIVE OFFICER KUPPANDAMPALAYAM, ANTHIYUR UNION, ERODE DISTRICT.
5 THE JUNIOR ENGINEER TANGEDCO GOBI ELECTRICITY DISTRIBUTION CIRCLE / EAST, ATHANI- 638 502, ERODE DISTRICT.
D. KRISHNAKUMAR, J.
and P.B. BALAJI, J.
ak W.P.No. 11274 of 2024 and WMP.Nos. 12367 & 12368 of 2024 05.11.2024