R.Thiyagarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ R.THIYAGARAJAN .. Petitioner Vs
1. THE DISTRICT COLLECTOR OFFICE OF THE COLLECTORATE, KRISHNAGIRI, KRISHNAGIRI DISTRICT - 635 115.
2. THE COMMISSIONER KRISHNAGIRI MUNICIPALITY, KRISHNAGIRI AND DISTRICT
3. THE DEPUTY DIRECTOR TOWN AND COUNTRY PLANNING, DHARMAPURI AND DISTRICT.
4. THE DISTRICT ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD, PLOT NO.140A, SIPCOT INDUSTRIAL COMPLEX, HOSUR, KRISHNAGIRI DISTRICT - 635 126.
5. THE SUPERINTENDING ENGINEER ELECTRICITY BOARD, OLD CONCORD SCHOOL BUILDING, AVATHANAPATTI, KRISHNAGIRI DISTRICT - 635 001.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the 2nd respondent not to grant trading license for commercial business in the residential areas of "Kamala Nagar" and further direct the 3rd respondent not to approve any residential plots into commercial plots as well direct the 5th respondent not to grant NOC without conducting a basic study and public hearings.
For the Petitioner : Mr.F.John Joseph for M/s.M.Jothikumar For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 and 3 : Ms.Shanmugavalli Sekar for 4th respondent : Mr.B.Anand for 2nd respondent
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Heard Mr.F.John Joseph, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 and 3; Mr.B.Anand, learned counsel for the second respondent; and Ms.Shanmugavalli Sekar, learned counsel for the fourth respondent.
2. The grievance of the petitioner is that in the area earmarked as residential house plots in Kamala Nagar, godowns have been erected and temporary sheds are also put up and industrial works like fabrication, lathe and timber cutting are being done, causing pollution and health hazards to the residents of the locality. Ventilating his grievance, the petitioner sent representation on 12.3.2020, followed by a reminder on 26.3.2023. As the said representations did not evoke any response, the present writ petition is filed.
3. Without going into the merits of the matter, this Court hereby directs the respondent authorities to consider the representation dated 12.3.2020, followed by the reminder dated 26.3.2023 sent by the petitioner, purely on merits, and pass appropriate orders within a period of eight weeks, of course after giving an opportunity of hearing to the petitioner as well as all other interested parties.
The writ petition is disposed of accordingly. There shall be no order as to costs.
(R.M.D., ACJ.) (M.S.Q., J.) 12.06.2024 Index :
Yes/No NC :
Yes/No sasi To:
1. THE DISTRICT COLLECTOR OFFICE OF THE COLLECTORATE, KRISHNAGIRI, KRISHNAGIRI DISTRICT - 635 115.
2. THE COMMISSIONER KRISHNAGIRI MUNICIPALITY, KRISHNAGIRI AND DISTRICT
3. THE DEPUTY DIRECTOR TOWN AND COUNTRY PLANNING, DHARMAPURI AND DISTRICT.
4. THE DISTRICT ENVIRONMENTAL ENGINEER TAMIL NADU POLLUTION CONTROL BOARD, PLOT NO.140A, SIPCOT INDUSTRIAL COMPLEX, HOSUR, KRISHNAGIRI DISTRICT - 635 126.
5. THE SUPERINTENDING ENGINEER ELECTRICITY BOARD, OLD CONCORD SCHOOL BUILDING, AVATHANAPATTI, KRISHNAGIRI DISTRICT - 635 001.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) 12.06.2024