K.Kuppusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ K. Kuppusamy Petitioner v The District Collector The Assistant Director (Panchayats) Office of the Collector The Tahsildar Dharapuram Taluk The Block Development Officer (Village Panchayat) Mulanur Dharapuram Taluk The Superintending Engineer Non-Conventional Energy Sources No.102, Dhali Road Udumalpet 641 126 The President M. Kumarapalayam Village Panchayat Dharapuram Taluk Tiruppur District 638 106
Sri Ponvinayaga Textiles Senkalipalayam Road Sivanaathapuram Vellakovil 638 111 SKL Exports Mahavishnu Nagar Angeripalayam Tiruppur 641 603 KU Industries represented by its Managing Director Senthampalayam Road P.G. Pudhur Post Coimbatore 641 107 Sandfits Foundry represented by its Managing Director Trichy Road Ravathur Pirivu Kannampalayam Post Coimbatore 641 402 Indoshell Cast Pvt. Ltd.
represented by its Managing Director A-14, SIDCO Industrial Estate Kuruchi Coimbatore 641 021 Vasanthi Foundry represented by its Managing Director Costman Foundary Cluster Park I Arasur Coimbatore 641 407 RSM Autokast Pvt. Ltd.
represented by its Managing Director 141, Kuppepalayam S.S. Kulam
Coimbatore Schutte Meyar Ashwath Alloys Pvt. Ltd.
represented by its Managing Director Appanaickenpatti Sulur Coimbatore 641 402 Fabfit Apparels India Pvt. Ltd.
represented by its Managing Director 56/2, Karaipudur Chinnakkarai Verapandi Post Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 6 to take suitable action against the respondents 7 to 15 by considering the petitioner's representation dated 25.01.2024. For petitioner Mr. Kandhan Duraisami For RR 1 to 3 Mr. A. Edwin Prabakar State Government Pleader For RR 4 & 6 Mr. M. Habeeb Rahman Government Advocate
ORDER
(Made by the Hon'ble Acting Chief Justice) The petitioner's case is that the respondents 7 to 15 are operating solar power plants with electricity generation stations
without getting permission from the sixth respondent-panchayat; for operating solar power plants, the private respondents have installed multiple borewells and are drawing excess ground water due to which the water table in the village is getting depleted; in this regard, the petitioner addressed a representation dated 25.01.2024 to the official respondents, pursuant to which, no action has been taken; hence, this writ petition for a direction to the official respondents to consider and pass orders on his representation dated 25.01.2024.
2.
Heard the learned counsel for the petitioner, learned State Government Pleader appearing for respondents 1 to 3 and the learned Government Advocate appearing for respondents 4 and 6. Notice to other respondents is dispensed with inasmuch as no order prejudicial to their interest is passed.
3.
Considering the limited scope of the relief sought by the petitioner, without going into the merits of the case, this Court directs the first respondent to consider and pass orders on the
petitioner's representation dated 25.01.2024 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, of course, after affording an opportunity of hearing to all concerned.
With the above direction, this writ petition stands disposed of. No costs.
(R.M.D., A.C.J.) (M.S.Q., J.) 10.07.2024 Index : Yes/No NC : Yes/No cad
T HE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
cad To The District Collector The Assistant Director (Panchayats) Office of the Collector The Tahsildar Dharapuram Taluk The Block Development Officer (Village Panchayat) Mulanur Dharapuram Taluk The Superintending Engineer Non-Conventional Energy Sources No.102, Dhali Road Udumalpet 641 126 The President M. Kumarapalayam Village Panchayat Dharapuram Taluk Tiruppur District 638 106 10.07.2024