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Madras High CourtWP/41895/2025dismissed

M.Palani v. The Collector

2025-11-11Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.41895 of 2025 and WMP No.46936 of 2025 M.Palani Plot No.20, Palanisamy Nagar New Vandipalayam Cuddalore - 607 004.

Petitioner(s) Vs

1. The Collector Cuddalore District, Cuddalore.

2. The Commissioner Cuddalore City Municipal Corporation Cuddalore - 607 001.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board, No.A3, SIPCOT Industrial Complex Kudikadu - 607 005, Cuddalore Taluk, Cuddalore District.

4. Muthukumaran S/o.Lakshmikanthan, 37, Palanisamy Nagar, Vandipalayam Cuddalore - 607 004.

Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from in any manner interfering with the business of the petitioner run in the name of PSM Wood Works and PSM Cement Works at No.20, Palanisamy Nagar, Vandipalayam, Cuddalore-607 004, except by due process of law.

For Petitioner(s):

Mr.D.Baskar For Respondent(s):

Mr.V.Veeramani, Government Advocate for R1 and R2 Mr.V.Gunasekar, Standing Counsel for R3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Challenge to notice dated 28.8.2025 on the ground that it is permissible under law for the petitioner to continue with the present commercial activity of running a Wood Works shop is liable to be rejected at the threshold, because the petitioner was party to W.P.No.9626 of 2024, wherein a Division Bench of this Court has

held that no industry can be permitted in residential area and directed the authorities to ensure that commercial activity is suspended.

2. The notice impugned in this writ petition has been issued pursuant to the order passed by this Court in W.P.No.9626 of 2024. The petitioner has not chosen to challenge the said order. That apart, the petitioner has not placed any shred of material in support of his plea that commercial activity is permitted in residential area. The petition is, therefore, misconceived and not maintainable. The writ petition is,accordingly, dismissed. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 11.11.2025 Index :

Yes/No :

Yes/No sasi

To:

1. The Collector Cuddalore District, Cuddalore.

2. The Commissioner Cuddalore City Municipal Corporation Cuddalore - 607 001.

3. The District Environmental Engineer Tamil Nadu Pollution Control Board, No.A3, SIPCOT Industrial Complex Kudikadu - 607 005, Cuddalore Taluk, Cuddalore District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(sasi) WP No.41895 of 2025 and WMP No.46936 of 2025 11.11.2025