V.Balachandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.18665 of 2023 1.Mr.V.Balachandran

...Petitioner

-Vs1.The District Collector, Coimbatore Collectorate Office, Coimbatore - 641 018.

2.The Tahsildar, Tahsildar Office, Pollachi - 642 001.

3.The Municipal Commissioner, Pollachi Municipality, No.108, Palakkad Road, Pollachi - 642 001.

4.Tamil Nadu Pollution Control Board, No.5, Ramasamy Nagar, Kadvundampalayam, Coimbatore - 641 030.

5.Mr.Sankar, Sakthi Snacks and Sun Catering, No.7, PKS Layout, Pollachi - 642 001.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing respondents 1 to 3 to shut down or re-locate the operation of the 5th respondent, food manufacturing industry, functioning in the name and style called SHIVA SAKTHI SNACKS & SUN CATERING, situated at S.No.729/1809, No.7, PKS Layout, Pollachi - 642 001, for operating the food manufacturing industry in residential Zone without obtaining necessary approval and permission from appropriate authorities, and also by considering the representations dated 24.04.2023 and 29.05.2023 within the time that may be stipulated by this Court and pass such further orders. For Petitioner :

M/s.N.Padmavathy for Mr.L.Calvin Jones For R1 & R2 :

Mrs.R.L.Karthika, Government Advocate For R3 :

Mr.B.Anand For R4 :

Mr.B.N.Suchindran, Standing Counsel

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing respondents 1 to 3 to shut down or re-locate the operation of the 5th respondent, food manufacturing industry, functioning in the name and style called SHIVA SAKTHI SNACKS & SUN CATERING, 2/4

situated at S.No.729/1809, No.7, PKS Layout, Pollachi - 642 001, for operating the food manufacturing industry in residential Zone without obtaining necessary approval and permission from appropriate authorities, and also by considering the representations dated 24.04.2023 and 29.05.2023 within a time frame stipulated by this Court.

2. Learned counsel appearing for the petitioner would submit that the prayer sought for in this writ petition has become infructuous, and she has also made an endorsement to that effect in the case bundle.

3. Learned counsel appearing for the 3rd respondent would submit that the notice was issued on 10.05.2023, and after receipt of the notice, the 5th respondent vacated the premises. Hence, nothing survives in this writ petition for further adjudication.

In view of the above submission made by the learned counsels on either side, the writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 10.03.2025 cda Index : Yes/No Speaking/Non Speaking order 3/4

J.SATHYA NARAYANA PRASAD, J.

cda To 1.The District Collector, Coimbatore Collectorate Office, Coimbatore - 641 018.

2.The Tahsildar, Tahsildar Office, Pollachi - 642 001.

3.The Municipal Commissioner, Pollachi Municipality, No.108, Palakkad Road, Pollachi - 642 001.

4.Tamil Nadu Pollution Control Board, No.5, Ramasamy Nagar, Kadvundampalayam, Coimbatore - 641 030.

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