Muniyandi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.(MD) No.1 of 2010 Muniyandi ... Petitioner -vs1.The District Collector Virudhunagar District Virudhunagar 2.The Superintendent of Police Virudhunagar District Virudhunagar 3.The District Environment Engineer Tamil Nadu Pollution Control Board 6-26, Sangi Street Madurai Road Virudhunagar

4.The Commissioner Panchayat Union Srivilliputhur Virudhunagar 5.Sundaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 & 2 to take appropriate legal action against the fifth respondent who is running the unauthorized lime manufacturing unit, which license was cancelled vide proceedings of the fourth respondent in O.Mu.A6/711/09, dated 30.03.2009, situated at Kamaraj Nagar, Thiruvanamalai Panchayat, Srivilliputhur Taluk, Virudhunagar District.

For Petitioner :

Mr.C.Mayil Vahana Rajendran For Respondents :

Mr.S.Shanmugavel Addl. Government Pleader for R1, R2 & R4 Ms.Vijayakumari Natarajan for R3 Mr.S.Rajasekar for M/s.Lajapathi Roy & Associates for R5

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in this writ petition is to direct the respondents 1 & 2 to take appropriate legal action against the fifth respondent, who is running unauthorized lime manufacturing unit, for which license was cancelled vide proceedings of the fourth respondent in O.Mu.A6/711/09, dated 30.03.2009, situated at Kamaraj Nagar, Thiruvanamalai Panchayat, Srivilliputhur Taluk, Virudhunagar District.

2. It is needless to state that no person is entitled to run lime manufacturing unit, without any licence.

3. Learned Additional Government Pleader appearing for the respondents 1, 2 & 4, on instructions, submitted that the licence granted to the fifth respondent to run lime manufacturing unit had expired long back.

4. In view of the above submission, if at all licence granted to the fifth respondent is renewed, the petitioner is at liberty to approach this Court by way of a fresh writ petition. If the licence is not renewed and if any

illegality is committed by anybody in running the lime manufacturing unit without licence, then the State Government is bound to initiate appropriate action.

5. With the above clarification, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [V.L.N., J.] 06.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Commissioner, Panchayat Union, Srivilliputhur, Virudhunagar.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and M.P.(MD) No.1 of 2010 06.10.2023