Madras High CourtWP/20019/2024disposed of

S.Dhanapal v. The District Collector

2024-07-18Honourable The Acting Chief Justice,Honourable Mr Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU S.Dhanapal ..

Petitioner Vs.

1. The District Collector Namakkal District Namakkal 637 001.

2. The Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy Chennai 600 032.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board Namakkal 637 001.

4. The District Revenue Officer District Collector Campus Namakkal 637 001.

5. The Revenue Divisional Officer Campus of District Collector Office Namakkal 637 001.

6. The Tahsildar Taluk Office Komarapalayam 638 183.

7. The Block Development Officer Taluk Office Komarapalayam 638 183.

8. RKV.Murthy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to 7 to take necessary actions to remove the unauthorised cement godown permanently which was running by the 8th respondent by considering the petitioner's representation dated 03.06.2024. For the Petitioner : Mr.Deepan Uday For the Respondents : Mr.K.Karthik Jegannath Government Advocate for Respondents 1, 4 to 6 Mrs.Shanmugavalli Sekar for Respondents 2 & 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) We have heard Mr.Deepan Uday, learned counsel for the petitioner, Mr.K.Karthik Jegannath, learned Government Advocate for the respondents 1 and 4 to 6 and Mrs.Shanmugavalli Sekar,

learned counsel for the respondents 2 and 3.

2. According to the petitioner, the residents and the school children are being affected by the air pollution caused by the cement godown of the eighth respondent.

3. Learned Government Advocate has produced a notification dated 15.05.2024 issued under Sections 44, 51(1) and 134(1) of the Tamil Nadu Public Health Act, 1939 and Rule 289 of the Tamil Nadu District Municipalities Act, 2023, wherein, the eight respondent is directed to take precautionery measures to curb the air pollution caused by running of cement godown within three days and to obtain necessary license. He also submitted that further course of action will be taken under the provisions of law for removing the unauthorised construction of the cement godown.

4. In view of the above, the relief sought by the petitioner has become infructuous. However, we make it clear that if no action is taken by the official respondents, liberty is granted to the petitioner

to seek remedy before the appropriate forum.

5. The writ petition is disposed of. There shall be no order as to costs.

(D.K.K., ACJ.) (K.B., J.) 18.07.2024 Index :

Yes/No Yes/No kpl To

1. The District Collector Namakkal District, Namakkal 637 001.