C.Chinnaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.04.2015

CORAM:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 12253 of 2012 C. Chinnaraj ... Petitioner vs.

1. The District Collector The Collectorate Dharmapuri District Dharmapuri.

2. The Chairman Tamil Nadu Pollution Control Board Panagal Maligai, Saidapet Chennai 600 015.

3. The Divisional Engineer Tamil Nadu Pollution Control Board CIPCOT, Hosur 635126.

4. The Chairman Ale Dharmapuri Panchayat Dharmapurai.

5. Anbu Rice Mill rep. by its Manager Papparapatti Main Road Old Dharmapuri, Dharmapuri District.

6. Akila Rice Mill rep. by its Manager Papparapatti Main Road Old Dharmapuri, Dharmapuri District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 4 to consider the representation dated 11.07.2011 made by the petitioner to the respondents and to take action on the same in accordance with law within a time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr. P. Raja For Respondent : Mr. S.T.S. Murthi Govt. Pleader for R1 & R4 Mrs. Rita Chandrasekaran Standing Counsel for R2 to R3 No Appearance for R5 & R6.

O R D E R

(Made by The Hon'ble The Chief Justice) The allegation in this petition, filed as a public interest litigation, against respondents 5 and 6 is that they are causing heavy noise and air pollutions. Notice was issued on 04.06.2012 and even thereafter, but the petitioner has failed to take steps to complete the service on the respondents. On this ground alone, the petition is liable to be dismissed for non-prosecution, it being three years old.

2. Learned counsel for the second and third respondents, however, states that there is a subsequent development, inasmuch an inspection was carried out on the premises of the said two respondents on 27.02.2014 and they were found to be in compliance of all the norms. A copy of that order is also stated to have been sent on 04.03.2014 to the petitioner.

3. Thus, even on merits, nothing survives in this petition and the petition accordingly stands closed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

ATR Copies to;

1. The District Collector The Collectorate Dharmapuri District Dharmapuri.

2. The Chairman Tamil Nadu Pollution Control Board Panagal Maligai, Saidapet Chennai 600 015.

3. The Divisional Engineer Tamil Nadu Pollution Control Board CIPCOT, Hosur 635126.

4. The Chairman Ale Dharmapuri Panchayat Dharmapurai.

+1cc to Mr.Rita Chandrasekar, Advocate, S.R.No.19794 +1cc to the Government Pleader, S.R.No.19761 W.P. No. 12253 of 2012 GJ(CO) CA(13/04/2015)