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Madras High CourtWP/23604/2021disposed of

Palraj v. The District Collector

2023-12-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Palraj : Petitioner Vs 1.The District Collector Ariyalur District, Ariyalur 2.The Tamil Nadu Pollution Control Board Rep by its Chairman No.76, Mount Salai, Guindy, Chennai 32 3.The Environmental Engineer Ariyalur District Tamil Nadu Pollution Control Board 99-A Ethiraj Nagar Railway Station Road Rajaji Nagar (P.O) Ariyalur 621 713 4.The Superintendent of Police O/o. The Superintendent of Police Near District Collector's office Perambalur Road, Ariyalur 5.M/s. Dalmia Cement (Bharat) Ltd Dalmiapuram, Lalgudi Tauk Tiruchirapalli 621 651 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the

representation dated 23.08.2021 issued by the villagers of Edayathankudi village Ariyalur District Tamil Nadu Consequently impose a ban on plying tipper lorry or any other heavy vehicles of the 5th Respondent during night time through Edayathankudi village.

For the Petitioner :

Mr.Muthupandi For Respondents 1 to 4 :

Mr.P.Muthukumar, State Government Pleader For Respondent No.5 :

Mr.P.J.Rishikesh

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Muthupandi, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 4 and Mr.P.J.Rishikesh, learned counsel for the fifth respondent.

2. The grievance of the petitioner is with regard to the air and noise pollution caused as a result of the mining activities conducted by the fifth respondent at a nearby place and transportation of minerals throughout day and night.

3. It appears that a meeting took place between the villagers and the fifth respondent on 30.10.2023, and minutes of such meeting

have been recorded. According to the petitioner, if the fifth respondent adheres to the agreement arrived at in the meeting, then he has no further grievance.

4. The Government shall ensure that the mining activity carried out by the fifth respondent is done adhering to all the norms. The fifth respondent shall ensure installation of lamp post, maintenance of Edayathangudi school and holding of medical camps for the benefit of the villagers. The Government authorities may cooperate for the legitimate conduct of the said activities.

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

(S.V.G., CJ.) (D.B.C., J.) 08.12.2023 Index : Yes/No : Yes/No tar

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) To 1.The District Collector, Ariyalur District 2.The Chairman Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai 32 3.The Environmental Engineer Ariyalur District Tamil Nadu Pollution Control Board 99-A Ethiraj Nagar Railway Station Road Rajaji Nagar (P.O) Ariyalur 621 713 4.The Superintendent of Police Perambalur Road, Ariyalur 08.12.2023