Ashok Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
1. Ashok Reddy
2. Kethan .. Petitioners
Versus
1. The District Collector, Krishnagiri District,
2. The Superintendent of Police, Krishnagiri District,
3. The Assistant Director, Geology and Mines, Krishnagiri District,
4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Krishnagiri District,
5. The Revenue Divisional Officer, Krishnagiri District, 1/6
6. The Tahsildar, Hosur Taluk,
7. The Block Development Officer, Hosur Panchayat Union,
8. M/s.SSV Blue Metals, Represented by its Proprietors Lokesh Reddy and Sarvesh .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondent Nos.1 to 7 to close and shut down the quarry/stone crusher owned and operated by the 8th respondent in S.No.359, 361, 367/1A, 367/1B, Mugalur village, Hosur taluk, Krishnagiri district by considering the petitioners' representation, dated 21.09.2022.
For Petitioners : Mr.R.Jayaprakash For Respondents : Mr.C.Kathiravan, Special Government Pleader, for RR-1, 3, 5 and 6 : Mrs.Shanmugavalli Sekar, Senior Counsel for R4
ORDER
(Order of the Court is made by the Hon'ble Chief Justice) Heard Mr.R.Jayaprakash, learned Counsel for the petitioners; Mr.C.Kathiravan, learned Special Government Pleader for the respondent 2/6
Nos.1, 3, 5 and 6 and Mrs.Shanmugavalli Sekar, learned Senior Counsel for the fourth respondent.
2. It is submitted that the eighth respondent is operating its unit of quarry/stone crusher in S.Nos.359, 361, 367/1A, 367/1B of Mugalur village, Hosur taluk, Krishnagiri district without proper measures being taken.
3. A counter-affidavit is filed by the Tamil Nadu Pollution Control Board. It states that on 19.01.2023, inspection was conducted. During the inspection, the unit was found not in operation. The shortcomings were noticed. The Tamil Nadu Pollution Control Board had directed that the compliance shall be made before any production activity is resumed. It is for the Pollution Control Board to look into the said aspect.
4. In case, the unit has commenced its operation and there are shortcomings, the petitioners may approach the Tamil Nadu Pollution Control Board, which shall consider its representation on its merits.
5. This Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.29202 and 29203 of 2022 are closed. 3/6
(S.V.G., CJ.) (J.S.N.P., J.) 01.04.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To
1. The District Collector, Krishnagiri District,
2. The Superintendent of Police, Krishnagiri District,
3. The Assistant Director, Geology and Mines, Krishnagiri District,
4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Krishnagiri District,
5. The Revenue Divisional Officer, Krishnagiri District,
6. The Tahsildar, Hosur Taluk, 4/6
7. The Block Development Officer, Hosur Panchayat Union, 5/6
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
grs 01.04.2024 6/6