M.Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2024

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU Mrs.M.Lakshmi ... Petitioner -vs1. The District Collector, Salem District, Salem.

2. The Chairman, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai-600 032.

3. The Manager, Pollution Control Board, Siva Towers, Meyyanoor, Salem District.

4. The Assistant Director, Mines and Minerals, Arisipalayam, 4 Roads, Salem-636 007.

5. Manoj Kumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to consider and pass orders on the representation of the petitioner dated 08.05.2024. 1/4

For Petitioner :

Mr.K.A.Mariappan For R1 :

Mr.M.R.Gokul Krishnan Addl. Govt. Pleader For R2 & R3 :

Mr.V.Gunasekar *****

O R D E R

(By D.Krishnakumar,J.,) This Writ Petition has been filed for a direction to the 3rd respondent to consider and pass orders on the representation of the petitioner dated 08.05.2024.

2. Mr.M.R.Gokul Krishnan, learned Additional Government Pleader takes notice for R1 and Mr.V.Gunasekar, learned Standing Counsel for R2 & R3. Notice to R4 & R5 is dispensed with, as no adverse order is going to be passed against them. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner had initially made a representation dated 04.09.2023 to the 3rd respondent, expressing his apprehension about establishing a pulverizing unit in the residential locality by the private respondent/R5, for which, a reply was sent by the 3rd respondent, stating that no approval had been granted to the 5th respondent for starting such an unit. It is further case of the petitioner that again, the petitioner made a representation dated 08.05.2024 2/4

to the 3rd respondent, reiterating that construction work is being carried out for establishment of the unit by the 5th respondent. Since his representation dated 08.05.2024 did not evoke any response, he is before this Court for a suitable direction.

4. Learned Additional Government Pleader appearing for the 1st respondent has stated that so far, no application has been made by the 5th respondent, seeking permission to start a pulverizing unit in the said locality and in case any such application is made by the 5th respondent, at that time, the representation dated 08.05.2024 of the petitioner will be considered and suitable orders will be passed thereon with due intimation to the petitioner.

5. Recording the statement made by the learned Additional Government Pleader for R1, this Writ Petition is disposed of. No costs. [D.K.K., J.,] [K.B., J] 05.07.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 3/4

D.KRISHNAKUMAR,J., AND K.KUMARESH BABU,J., ar To:

The District Collector, Salem District, Salem.

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