Madras High CourtWP/14026/2018closed

P.Mahalingam v. The District Collector

2018-07-23Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice M. Venugopal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:23.07.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE M.NIRMAL KUMAR W.P.No.14026 of 2018 and W.M.P.No.16570 of 2018 P.Mahalingam .. Petitioner Vs.

1.The District Collector, Tiruppur, Tiruppur District.

2.The Sub Collector, Tiruppur, Tiruppur District.

3.The Revenue Divisional Officer, Tiruppur, Tiruppur District.

4.The Tahsildar, Avinashi, Tiruppur District.

5.The Divisional Engineer, Tamil Nadu Pollution Control Board, North Tiruppur, Kumaran Complex, 2nd Floor, Kumaran Road, Tiruppur.

6.The Assistant Commissioner of Police, Avinashi, Tiruppur District.

7.The Inspector of Police, Perumanallur Police Station, Tiruppur District.

8.Thirukumaran M/s.T.P.C.Infra and Green Energies, S.F.No.314/1, Moyandampalayam, Ettiveeramapalaym (Post), Tiruppur - 641 666 ..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents No.2 to 7 to forbear the 8th respondent from running tar mixing unit comprised in survey No.314/1 situated at Moyandampalayam, Perumanallur Village, Avinashi Taluk, Tiruppur District by considering representation dated 12.05.2018, 18.05.2017.

For Petitioner : Mr.R.Dillikumar For RR 1 to 4, 6 & 7 : Mr.S.N.Parthasarathy Government Advocate For 5th Respondent : Mrs.Rita Chandrasekar For 8th Respondent : No appearance

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] It is represented by the Learned Government Advocate for Respondents 1 to 3, 6 & 7 and the Learned Standing Counsel for the 5th Respondent that Tar Mixing Unit (Center Mix Plant) is not functioning from 01.12.2017. As a matter of fact, the 8th Respondent is the owner of the Center Mix Plant. 2.Also, the Learned Standing Counsel for the 5th Respondent brings it to the notice of this Court that the Report of Tahsildar, Avinashi dated 15.06.2018 shows that in the Peace Talk Meeting held on 18.07.2017 at 5.00 p.m., the District Superintendent of Police, Avinashi, Tahsildar, Avinashi, Assistant Divisional Engineer (Highways), Avinashi, Assistant Engineer of Pollution Control Board, Tiruppur and the officials of M/s.T.P.C. Infra and Green Energies/8th Respondent and other Village People of Moyandampalayam, took part, whereby and whereunder, it was agreed upon that Center Mix Plant can function from August 2017 till November 2017 for four months and further that, from 01.12.2017 the said Center Mix Plant shall not function.

3.Considering the fact that the Petitioner's representation dated 18.05.2018 has been acted upon and as on date, the Center Mix Plant is not functioning, nothing survives for further adjudication in the present Writ Petition.

4.Accordingly, the Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Sgl To 1.The District Collector, Tiruppur, Tiruppur District.