G.Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.15297 of 2022 G.Arumugam ... Petitioner Vs.

1. The District Collector, The District Collector Office, Salem - 636 001.

2. The Block Development Officer, Panamaratthupatti Panchayat Union, Panamarathupatti, Salem District.

3. The Revenue Tahsildar (West), Thasildhar Office, No.74/199, Maniyanur, Salem - 636 010.

4. Mani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the first to third respondents to close the flour mill which is carrying illegally by the fourth respondent illegally pursuant to the petitioner's representation dated 04.05.2022. For Petitioner :

Mr.R.Thirumoorthy For Respondents :

For R1 and R3 :

Mr.M.Shahjahan Special Government Pleader For R2 :

Mr.A.Selvendran Special Government Pleader

ORDER

Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the first to third respondents and Mr.A.Selvendran, learned Special Government Pleader takes notice on behalf of the fourth respondent.

2. This writ petition is being disposed at the time of admission after hearing the learned counsel appearing for the petitioner and the learned Special Government Pleaders appearing for the respondents.

3. The complaint of the petitioner is that the fourth respondent is running Flour Mill without obtaining necessary environmental clearance from the Pollution Control Board. To this effect, a copy of the information obtained from the Pollution Control Board has been filed which is dated 20.05.2022.

4. The allegations of the petitioner is that the fourth respondent is running a Flour Mill in the residential area which is impermissible under Law and that the operation of the Flour Mill is seriously affected the health of the residents of Arasumarathukattur, Amani Kondalampatty Panchayat, P.Nattamangalam Post, Salem, Salem District and has causing nuisance day and night.

5. I do not propose to pass any adverse orders at this stage against the fourth respondent. I am however inclined to dispense with notice and counter of the fourth respondent and dispose this Writ Petition by directing the first to third respondents to consider and pass appropriate orders on the petitioner's representation dated 04.05.2022, within a period of four weeks from the date of receipt of a copy of this order.

6. Needless to state, before passing such order, the petitioner as well as the private respondent/fourth respondent shall be heard. No costs.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar arb To

1. The District Collector, The District Collector Office, Salem - 636 001.

2. The Block Development Officer, Panamaratthupatti Panchayat Union, Panamarathupatti, Salem District.

3. The Revenue Tahsildar (West), Thasildhar Office, No.74/199, Maniyanur, Salem - 636 010.

+1cc to Government Pleader SR. No. 38550 W.P.No.15297 of 2022 PM (CO) PR (07/07/2022)