Kodangipommanayakar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1195 of 2023 and W.M.P.(MD)No.1104 of 2023 KodangiPommanayaar ... Petitioner -Vs1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, Karur District.

3.The Tahsildar, Taluk Office, Kulithalai, Karur District.

4.The Commissioner, Kulithalai Municipality, Kulithalai, Karur District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to take action under Section 133(b) of Cr.P.C., against the 4th respondent and his men for causing of public nuisance to the petitioner's Village.

For Petitioner : Mr.R.Murugappan For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 : Mr.A.Ramanathan, Standing Counsel

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take action under Section 133(b) of Cr.P.C., against the 4th respondent and his men for causing public nuisance to the petitioner's Village.

2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 3 and Mr.A.Ramanathan, learned Standing Counsel takes notice for the 4th respondent.

3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.The learned Government Pleader appearing for the respondents 1 to 3, on instructions, submitted that the Deputy Chief Scientific Officer, Tamil Nadu Pollution Control Board, vide letter dated 10.09.2019, has granted permission. Therefore, the prayer sought for by the petitioner has become infrcutuous.

5.In the light of the aforesaid submission, this Writ Petition stands dismissed. If the petitioner is aggrieved by the aforesaid letter, he is at liberty to approach the appropriate forum for appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 23.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR To 1.The District Collector, Karur District, Karur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, Karur District.

3.The Tahsildar, Taluk Office, Kulithalai, Karur District.

W.P.(MD)No.1195 of 2023 23.01.2023