The Developers And Builders v. S. Ramanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR The Developers and Builders M/s Marutham Galaxy No.371/1A, Vellanginaru Village GN Mills Post, Coimbatore ..

Appellant v.

1. S.Ramanathan

2. The Revenue Divisional Officer Coimbatore

3. The Commissioner Coimbatore City Municipal Corporation ..

Respondents Memorandum of Grounds of Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 28.08.2024 passed in W.P.No.16321 of 2023.

For Appellant ::

Mr.M.S.Krishnan Senior Counsel for M/s Sarvabhauman Associates

For Respondents ::

Mr.T.Mohan Senior Counsel for Mr.RM.Arun Swaminathan for R1 Mr.G.Ameedius Government Advocate for R2 Mr.D.Ferdinand Standing Counsel for R3 Mr.S.Sai Sathya Jith for Mr.V.Gunasekar for TNPCB

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM,J.) The third respondent in the writ petition is the appellant before this Court. The first respondent instituted writ proceedings seeking a direction to shift the sewage treatment plant in the appellant premises. The learned single Judge of this Court issued a direction to the second respondent to act upon the order dated 10.07.2023.

2. During the pendency of the present writ appeal, the appellant, in consultation with the office bearers of the Association, has taken a decision to shift the sewage treatment plant in consonance with the layout approval.

3. The learned Senior Counsel appearing on behalf of the appellant Mr.M.S.Krishnan would contend that steps are taken to submit appropriate application before the competent authorities seeking permission/consent for shifting of the sewage treatment plant.

4. The learned counsel appearing on behalf of the Tamil Nadu Pollution Control Board, on instructions, would submit that permission was originally granted. However, the Pollution Control Board has no objection for shifting the treatment plant as per the layout approval, which would be proper.

5. Since the parties have cooperated and consented for shifting of the sewage treatment plant, the appellant is directed to execute the works by obtaining requisite consent/permission from the competent authorities and complete the works within a period of four months from the date of receipt of a copy of this order. In the event of receiving application from the appellant, the competent authorities may issue appropriate orders as expeditiously as possible, in view of the time limit fixed in this order for

shifting of the sewage treatment plant. The writ appeal stands disposed of. Consequently, C.M.P.No.25370 of 2024 is closed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) 06.03.2025 ss To

1. The Revenue Divisional Officer Coimbatore

2. The Commissioner Coimbatore City Municipal Corporation

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 06.03.2025