S.Chandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2018

CORAM:

THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.16860 of 2018 and W.M.P.No.20049 of 2018 S.Chandran ... Petitioner vs.

1.The District Collector, Coimbatore District, Coimbatore.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore-North, Coimbatore.

3.The Deputy Director, Town & Country Planning, Coimbatore Region, Coimbatore-641 018 4.Asst.Director of Village Panchayats, Office of the District Collector, Coimbatore.

5.The Block Development Officer/ Executive Officer, Muduthurai Village Panchayat, Mettupalayam Taluk, Coimbatore District.

6.Cast Tech Pvt.Ltd.

rep.by its Managing Director, SF No.6, Muduthurai Village, Mettupalayam Taluk, Coimbatore District .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to direct the Respondent authorities to permanently close down the 6th Respondent company situate at No.6, Muduthurai Village, Mettupalayam Taluk, Coimbatore District within a time to be fixed by this Court.

For Petitioner : Mr.A.V.Raja For Respondents : Mr.S.N.Parthasarathy,G.A. for R1, R3 to R5 No Appearance for R2 and R4

ORDER

(Order of the Court was made by M.VENUGOPAL,J.) It is brought to the notice of this Court that the Hon'ble National Green Tribunal, Principal Bench, New Delhi, as per Office Order in Ref.No.NGT(PB)/DR/2018-19/68/570, dated 24.7.2018, had observed the following:- "As the applicants/ld.Counsels who wishes that his case to be taken up through Video Conferencing at NGT, Principal Bench, New Delhi, with the concerned Zonal Benches, shall submit an application before the Registrar of concerned Zonal Benches and accordingly the matter shall be listed as per the above Scheduled specified for the respective zone. Further, the applicant has to submit the document through E-filing/scanned copy through CD ROM/Pen Drive to the concerned Zonal Bench prior to the decision for taking the matter and inclusion in the cause list and to be uploaded in the website accordingly for information of the concerned.

For the matters pending before the NGT at Zonal Benches the ld.Counsels/applicant in Person are required submit the scanned copy of the application/documents and pleadings through E-mail and specify so that the matter shall be taken up through Video Conferencing as per schedule above. The Competent Authority also may decide to take up any matter for Video Conferencing.

This issues with the approval of Competent Authority."

2.In view the aforesaid Office Order of the Hon'ble National Green Tribunal, Principal Bench, New Delhi, the Office of the Registry of this Court is directed to return the present Writ Petition and Writ Miscellaneous Petition along with the Typed Set of Papers, to the Petitioner, for presenting the same before the National Green Tribunal, South Zone, Chennai, within four working days from today, and to take further course of action, as he deems fit and proper.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

msk To 1.The District Collector, Coimbatore District, Coimbatore.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore-North, Coimbatore.

3.The Deputy Director, Town & Country Planning, Coimbatore Region, Coimbatore-641 018 4.Asst.Director of Village Panchayats, Office of the District Collector, Coimbatore.

5.The Block Development Officer/ Executive Officer, Muduthurai Village Panchayat, Mettupalayam Taluk, Coimbatore District.

Copy to:

1 The Registrar, National Green Tribunal, South Zone, Chennai, 2 The Section Officer, Writ Section, HIgh Court, Madras (To take necessary Action) W.P.No.16860 of 2018 RR(CO) SMI/06.08.2018