D.Mugheelan 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 D.Mugheelan ..Petitioner Vs 1.The District Collector, Collectorate, GST Road, Chengalpattu District - 603001.

2.The Tamilnadu Pollution Control Board, Through its District Environmental Engineer, Maraimalai Adigalar Street, Next to Municipal Office, Maraimalai Nagar, Chengalpattu District -603209.

3.The Block Development Officer, Block Development Office, Chitlapakkam, Tambaram, Chennai-600064.

4.R.Kumar ..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, seeking directions, directing the respondents 1 to 3 to consider the representation of the petitioner dated 30.03.2024 and further directing the respondents 1 to 3 to remove the debris and take action on the bike repair shop which creating environmental pollution and degradation the petitioner's locality

and pass such order or other orders.

For Petitioner - Mr.Arun Kasi For Respondents - Mr.S.John.J.Rajasingh, AGP - R1 & R3 Mr.V.Gunasekar, Standing Counsel - R2 Mr.B. Kannan - R4

O R D E R

Prayer sought for in the writ petition is for a direction to the respondents 1 to 3 to remove the shops and seal the premises which cause immense pollution, environmental degradation, distress to the residents and locals of Mahalakshmi Street, Lakshmi Nagar and also clean and restore the area.

2. The learned counsel for the petitioner has submitted that the petitioner has made representations to the respondent-authorities on 21.09.2021, 30.10.2023 and 30.03.2024, but no action has been taken by the respondents till date, hence he filed the present writ petition seeking directions to the respondents.

2. Learned standing counsel appearing for the 2nd respondent-Board has submitted that the respondent Board will consider the representation submitted by the petitioner and pass appropriate orders within a time as stipulated by this

Court.

3. Having considered the submissions made by the learned counsels appearing for the parties and considering the limited scope of prayer sought for by the petitioner in the writ petition, this Court, without expressing any opinion on the merits of the petitioner's representations, directs the 2nd respondent to consider the petitioner's representations dated 21.09.2021, 30.10.2023 and 30.03.2024, on its own merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, these writ petitions are disposed of . No costs.

(D.K.K., J.) (P.B.B., J.) 05.11.2024 Index : Yes/No Internet : Yes ak To 1.The District Collector, Collectorate, GST Road, Chengalpattu District - 603001.

D. KRISHNAKUMAR, J.

and P.B. BALAJI, J.

ak 2.The Tamilnadu Pollution Control Board, Through its District Environmental Engineer, Maraimalai Adigalar Street, Next to Municipal Office, Maraimalai Nagar, Chengalpattu District -603209.

3.The Block Development Officer, Block Development Office, Chitlapakkam, Tambaram, Chennai-600064.

W.P.No. 16475 of 2024 05.11.2024