K.Raja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.2259 of 2015 K.Raja ..

Petitioner Vs.

1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Attur, Salem District.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Pellanur Road, Siva Towers, Salem.

4.The Commissioner, Attur Munucipality, Salem District.

5.K.Selvaraj (No relief is sought against the 3rd respondent in this writ petition, hence notice to the 3rd respondent may be given up.) ..

Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus to direct the second respondent to take appropriate and necessary action against the 5th respondent to close down the flour mill by name "Murugan Flour Mill" at No.157, 2nd Gandhi Road, Attur, Salem District-636 102 by considering the representation dated 08.10.2014.

For Petitioner ..

Mr.M.Guruprasad For Respondents ..

Mr.R.A.S.Senthilvel, Additional Government Pleader for R1 and R2 No appearance for R4 & R5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner made several representations to the official respondents seeking appropriate action on the unauthorised running of the Mill by the fifth respondent contrary to law.

2. In one of the representations made, the District Environmental Engineer, the third respondent herein, has asked the fourth respondent to take action and inform the same. A further communication was also sent by the second respondent to respondents 3 and 4 to take action under Section 133(b) of the Criminal Procedure Code. Despite the same, no action is forthcoming and hence, the present writ petition has been filed.

3.

Despite the fact that the notices having been served on the respondents 4 and 5, none appear on their behalf, though the names of the counsel are printed in the cause list.

4.

The above said facts would indicate that the petitioner has been bringing to the notice of the authorities right from February 2014 onwards. Though there was exchange of communication between the official respondents, no concrete action has been taken. Thus, respondents 2 and 4 are hereby directed to take appropriate action in accordance with law against the fifth respondent within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar raa To 1.The District Collector, Salem District, Salem.

2.The Revenue Divisional Officer, Attur, Salem District.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Pellanur Road, Siva Towers, Salem.

4.The Commissioner, Attur Munucipality, Salem District.

+1 cc to Mr.M.Guruprasad, Advocate, sr.45270 +1 cc to Government Pleader, sr.45500 W.P.No.2259 of 2015 sv(co) kra 9/9 https://hcservices.ecourts.gov.in/hcservices/