A.D.Elango v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.22932, 22936, 22937 and 22938 of 2020 W.P.No.18490 of 2020:- A.D.Elango ... Petitioner -Vs1. The District Collector, Tiruppur District, Tiruppur.

2. The Deputy Director of Salem.

3. The Assistant Director of

4. The Tahsildar,

5. The Panchayat Union President, Kangeyam Panchayat Union,

6. The Village Administrative Officer,

Paranchervazhi Village,

7. The Village Panchayat President, Paranchervazhi Village Panchayat,

8. S.Siva Shanmugam

9. R.Santhi

10. C.R.Neelawathi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to forbear the respondents 1 to 7 from either sanctioning the layout or permitting any construction within the prohibitory distance of 500 meters from the petitioners said stone crusher namely "M/s Sivaa Blue Metals" situated in the petitioner's Patta lands, comprised in Survey No.777 and 824 situated in NAAL Road Village, Kangeyam Taluk, Tiruppur District.

W.P.No.18493 of 2020:- Manoharan ... Petitioner -Vs1. The District Collector, O/o District Collectorate, Palladam Road, Tiruppur District, Tiruppur.

2. The Deputy Director of Salem Zone, Salem.

3. The Assistant Director of Kumaran Shopping Complex- 1st Floor, Corporation Building, Near Railway Station, Tiruppur - 641 601.

4. The Tahsildar, Coimbatore Road, Kalimedu, Kangeyam Taluk, Tiruppur District.

5. The Regional Development Officer, Panchayat Union Office, Kangeyam,

6. The Village Administrative Officer, Naal Road Village, Naal Road, Tiruppur District - 638701.

7. The Village Panchayat President, Paranchervazhi Village Panchayat,

8. S.Siva Shanmugam

9. R.Santhi

10. C.R.Neelawathi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to forbear the respondents 1 to 7 from either sanctioning the layout or permitting any construction within the prohibitory distance of 500 meters from the petitioner's said stone crusher namely "M/s Sri Ganapathy Blue Metals" situated in the petitioner's Patta lands, comprised in Survey No.796/C situated in Paranchervazhi Village, Naal Road,

Kangeyam Taluk, Tiruppur District.

W.P.No.18494 of 2020:- K.S.Shanmugam ... Petitioner -Vs1. The District Collector, O/o District Collectorate, Palladam Road, Tiruppur District, Tiruppur.

2. The Deputy Director of Salem Zone, Salem.

3. The Assistant Director of Kumaran Shopping Complex- 1st Floor, Corporation Building, Near Railway Station, Tiruppur - 641 601.

4. The Tahsildar, Coimbatore Road, Kalimedu, Kangeyam Taluk, Tiruppur District.

5. The Regional Development Officer, Panchayat Union Office, Kangeyam,

6. The Village Administrative Officer, Naal Road Village, Naal Road, Tiruppur District - 638701.

7. The Village Panchayat President, Paranchervazhi Village Panchayat,

8. S.Siva Shanmugam

9. R.Santhi

10. C.R.Neelawathi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to forbear the respondents 1 to 7 from either sanctioning the layout or permitting any construction within the prohibitory distance of 500 meters from the petitioner's said stone crusher namely "M/s Ganesan Blue Metals" situated in the petitioner's Patta lands, comprised in Survey No.796/C situated in Old Paranchervazhi Village, presently Naal Road Village, Kangeyam Taluk, Tiruppur District. W.P.No.18496 of 2020:- S.Subramani ... Petitioner -Vs1. The District Collector, O/o District Collectorate, Palladam Road, Tiruppur District, Tiruppur.

2. The Deputy Director of Salem Zone, Salem.

3. The Assistant Director of Kumaran Shopping Complex- 1st Floor, Corporation Building, Near Railway Station, Tiruppur - 641 601.

4. The Tahsildar, Coimbatore Road, Kalimedu,

Kangeyam Taluk, Tiruppur District.

5. The Regional Development Officer, Panchayat Union Office, Kangeyam,

6. The Village Administrative Officer, Naal Road Village, Naal Road, Tiruppur District - 638701.

7. The Village Panchayat President, Paranchervazhi Village Panchayat,

8. S.Siva Shanmugam

9. R.Santhi

10. C.R.Neelawathi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to forbear the respondents 1 to 7 from either sanctioning the layout or permitting any construction within the prohibitory distance of 500 meters from the petitioner's said stone crusher namely "M/s Amman & Co Blue Metals" situated in the petitioner's Patta lands, comprised in Survey No.796/C situated in Naal Road, Paranchervazhi Village, Kangeyam Taluk, Tiruppur District.

In all W.Ps For Petitioners : Mr.P.Kalpa Reddy

For R1 to R4 : Mr.E.Vijay Anand Additional Government Pleader For R7 : Mr.K.Ravikumar For R8 to R10 : Mr.M.Guruprasad COMMON

ORDER

These writ petitions have been filed for direction forbearing the respondents 1 to 7 from either sanctioning the layout or permitting any construction within the prohibitory distance of 500 meters from the petitioner's said stone crusher situated in their respective patta lands.

2. Heard the learned counsel for the petitioners, the learned Additional Government Pleader for the respondents 1 to 4, the learned counsel for the 7th respondent and the learned counsel for the respondents 8 to 10 and perused the materials available on record.

3. The learned counsel for the petitioners would submit that the prayer sought for in these writ petitions have become infructuous and nothing survives in these petitions for further adjudication.

4. In view of the above submission made by the learned counsel for the petitioners, these writ petitions are dismissed as infructuous. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

08.04.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. The District Collector, Tiruppur District, Tiruppur.

2. The Deputy Director of Salem.

3. The Assistant Director of

4. The Tahsildar,

5. The Panchayat Union President, Kangeyam Panchayat Union,

6. The Regional Development Officer, Panchayat Union Office, Kangeyam,

7. The Village Administrative Officer, Paranchervazhi Village,

8. The Village Panchayat President, Paranchervazhi Village Panchayat,

G.K.ILANTHIRAIYAN. J, mn 08.04.2024