Rose Nagar Residence Welfare v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.25966 of 2017:
Rose Nagar Residence Welfare Association (Reg. No.67/2008) No.3/336, Grace Illam 3rd Main Road, Rose Nagar, Kovilambakkam Chennai - 129 rep by its President, T.Easwaradhas .. Petitioner Vs 1 The State of Tamil Nadu rep by the Secretary Public Work Department (R-2) Chennai - 600 009.
2 The District Collector Collectorate Office Kancheepuram District Kancheepuram.
3 The Executive Engineer Ground Water Division Public Work Department Tharamani, Chennai.
4 The Chairman Chennai Metropolitan Water Supply & Sewerage Board Chennai-2.
5 The Chairman Tamil Nadu Pollution Control Board No.76 Anna Salai Guindy Chennai-32 6 The Chairman Tamil Nadu Electricity Board Mount Road, Chennai-2 7 The Special Officer Kovilambakkam Village Panchayat Kovilambakkam, Chennai - 600 129.
8 The Tahsildar Sholinganallur Taluk Sholinganallur, Chennai.
9 The Block Development Officer St.Thomas Mount Panchayat Union Chittalapakkam, Chennai-45.
10 G.S.K.Aqua Minerals/Aqua Fitzs rep by its Proprietor, E.Sathishkumar No.3/383 3rd Main Road Rose Nagar Extension, Kovilambakkam Chennai - 600 129.
.. Respondents Prayer in W.P.No.25966 of 2017: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 2, 4 and 5 to conduct enquiry and take appropriate legal action as per the proceedings of the 9th respondent dated 29.7.2015 in Na.Ka. No.3838/2015/A5 and as per the proceedings of the 7th respondent dated 22.07.2015 to close the 10th respondent's illegal unit.
W.P.No.24748 of 2015:
G.S.K.Aqua Minerals Rep. by its Proprietor, E.Sathishkumar No.3/383, 3rd Main Road Rose Nagar Extension Kovilampakkam, Chennai-600 129.
.. Petitioner Vs 1 The State of Tamilnadu Rep. by the Secretary Public Works (R2 Department) Chennai - 600 009.
2 The President Kovilampakkam 1st Grade Panchayat Chennai - 600 129.
.. Respondents Prayer in W.P.No.24748 of 2015: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling upon the records relating to the order dated 14.07.2015 of the 2nd Respondent and quash the same.
For the Petitioner in W.P.No.25966 of 2017 : Mr.T.Easwaradhas Party-in-person For the Petitioner in W.P.No.24748 of 2015 : No appearance For the Respondents : Mrs.R.Anitha Special Government Pleader for respondents 1 to 3, 7 to 9 in W.P.No.25966 of 2017 and respondents in W.P.No.24748 of 2015
: Mr.L.Jaivenkatesh for 6th respondent in W.P.No.25966 of 2017 : Ms.Shanmugavalli Sekar for 5th respondent in W.P.No.25966 of 2017 : No appearance for 10th respondent in W.P.No.25966 of 2017 : Mr.Krishna Ravindran for 4th respondent in W.P.No.25966 of 2017 COMMON ORDER (Order of the court was made by the Hon'ble Chief Justice) None appears on behalf of the petitioner in W.P.No.24748 of 2015. We have heard Mr.T.Easwaradhas, petitioner appearing in person in W.P.No.25966 of 2017; Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3, 7 and 9 in W.P.No.25966 of 2017 and respondents in W.P.No.24748 of 2015; Mr.L.Jaivenkatesh, learned counsel for the sixth respondent in W.P.No.25966 of 2017; Ms.Shanmugavalli Sekar, learned counsel for the fifth respondent in W.P.No.25966 of 2017; and Mr.Krishna Ravindran, learned counsel for the fourth respondent in
W.P.No.25966 of 2017.
2. W.P.No.24748 of 2015 is filed challenging the communication issued by the Panchayat to the effect that the permission from the Tamil Nadu Pollution Control Board is not obtained and, as such, the petitioner therein shall not proceed with the activity.
3. W.P.No.25966 of 2017 is filed seeking directions against respondents 2, 4 and 5 to conduct an enquiry and take appropriate legal action as per the proceedings of the ninth respondent dated 29.7.2015.
4. Learned counsel for the Tamil Nadu Pollution Control Board submits that the petitioner in W.P.No.24748 of 2015 has not obtained consent to operate from the Board. The Tamil Nadu Pollution Control Board has issued show cause notice to the petitioner therein.
5. Learned Special Government Pleader submits that in view of the show cause notice issued by the Tamil Nadu Pollution Control Board, the Panchayat would also take further action in accordance with law. It is further submitted that on 25.7.2023 notice has been given by the Panchayat to the petitioner in W.P.No.24748 of 2015.
6. In view of the fact that further action is being taken by the Tamil Nadu Pollution Control Board and the Panchayat, no further orders are required to be passed in these writ petitions. The writ petitions are disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.No.27548 of 2017 and M.P.No.1 of 2015 are closed.
(S.V.G., CJ.) (P.D.A., J.) 12.09.2023 Index :
Yes/No Yes/No sasi
To:
1 The Secretary State of Tamil Nadu Public Works Department (R-2) Chennai - 600 009.
2 The District Collector Collectorate Office Kancheepuram District Kancheepuram.
3 The Executive Engineer Ground Water Division Public Work Department Tharamani, Chennai.
4 The Chairman Chennai Metropolitan Water Supply & Sewerage Board Chennai-2.
5 The Chairman Tamil Nadu Pollution Control Board No.76 Anna Salai Guindy Chennai-32 6 The Chairman Tamil Nadu Electricity Board Mount Road, Chennai-2 7 The Special Officer Kovilambakkam Village Panchayat Kovilambakkam, Chennai - 600 129.
8 The Tahsildar Sholinganallur Taluk Sholinganallur, Chennai.
9 The Block Development Officer St.Thomas Mount Panchayat Union Chittalapakkam, Chennai-45.
10 The President Kovilampakkam 1st Grade Panchayat Chennai - 600 129.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 12.09.2023