Tmt.Y.Rani, W/O.Yoganathan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2015
CORAM
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.28813 of 2015 and M.P.No.1 of 2015 Y.Rani .. Petitioner -vs1.The District Collector, Namakkal District, Namakkal.
2.The Deputy Director, Town and Country Planning Department, Salem.
3.The General Manager, District Industries Centre, District Collectorate Master Complex, Thiruchencode Road, Namakkal-637 003.
4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.597, P.S.K.Towers, Salem Main Road, Namakkal.
5.The Superintending Engineer, Namakkal Electricity Distribution Circle, TANGEDCO, Krishna Complex, Paramathi Road, Namakkal.
6.The Divisional Officer, Fire Services & Rescue Department, Namakkal District, Namakkal.
7.The Deputy Director of Health Services, Namakkal District, Namakkal.
8.The Commissioner, Panchayat Union, Namakkal.
9.The President, Konur Village Panchayat, Kandampalayam, Konur (Post), Namakkal Taluk & District.
10.S.Muthusamy .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents 1 to 7 from granting any license or permission or no objection certificate to the 10th respondent for establishing any industry either Spinning Mill or Poultry farm in violation of Tamil Nadu Town and Country Planning Act, 1971 and Rules for establishing such industry in Survey Nos.55/1B2, 55/1C, 55/1D & 57/2 at Senthoor Nagar Annex, Konur Village, Kandampalayam, Konur (Post), Namakkal Taluk & District.
For Petitioner : Mr.A.Rajendran For Respondents : Mr.STS.Moorthy Government Pleader assisted by Mr.V.R.Kamalanathan Addl. G.P. for R1 to 3, 6 to 9 Ms.Rita Chandrasekaran for R4 No Appearance for R5 & R10 * * * * *
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) In the course of arguments on the last date of hearing, we put to the learned counsel for the petitioner that the writ petition was based merely on apprehensions. However, the learned counsel, who had to address the submissions expressed personal inconvenience and thus, the matter was adjourned to today.
2. Again a letter has been circulated stating that now the documents are sought to be collected to substantiate the plea in the matter and the matter may be adjourned.
3. We are not inclined to accede to the request. It cannot be said that first petition is filed, then material is collected in support of the petition, rather than the reverse.
4. We, thus, dismiss the writ petition as devoid of material particulars and supporting documents with leave that in case, the petitioner does find requisite materials, she can move the concerned authorities and if she is further aggrieved, approach the Court in accordance with law. No costs. Consequently, M.P.No.1 of 2015 is closed.
-s/dAssistant Registrar(CO dt:30/9/2015 True Copy Sub-Assistant Registrar bbr To 1.The District Collector, Namakkal.
2.The Deputy Director, Town and Country Planning Department, Salem.
3.The General Manager, District Industries Centre, District Collectorate Master Complex, Thiruchencode Road, Namakkal-637 003.
4.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.597, P.S.K.Towers, Salem Main Road, Namakkal. 5.The Superintending Engineer, Namakkal Electricity Distribution Circle, TANGEDCO, Krishna Complex, Paramathi Road, Namakkal. 6.The Divisional Officer, Fire Services & Rescue Department, Namakkal District, Namakkal.
7.The Deputy Director of Health Services, Namakkal District, Namakkal.
8.The Commissioner, Panchayat Union, Namakkal.
9.The President, Konur Village Panchayat, Kandampalayam, Namakkal Taluk & District.
+1 cc to Mr.A.R.Suresh, Advocate sr.52535 +1 cc to Mr.Rita Chandrasekar, Advocate sr.51936 W.P.No.28813 of 2015 aa05/10/2015