Pankiraj.G v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023 CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.1482 of 2023 G. Pankiraj ... Petitioner Vs.
1.The District Collector Kanyakumari District at Nagercoil.
2.The District Environmental Engineer, Tamilnadu Pollution Control Board, Water Tank Road, Nagercoil, 3.The Assistant Director of Town Panchayat, District Collector Office, Kanyakumari District at Nagercoil.
4.The Tahsildar Killiyoor Taluk, Tholaiyavattam Post, 5.The Executive Officer Killiyoor Town Panchayat, Tholaiyavattam Post, 6.M.Dhas 7.D.K.Sanjai Salaji .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 herein to take action on the petitioner's representation dated 12.01.2023 and consequently forbearing the respondents 6 and 7 from manufacturing any carry bags or any related products in Door No.1/151, 2, 1.ST-21 (Survey No.44/15 A1) of Killiyoor B Village, Killiyoor Taluk, Kanyakumari District.
For Petitioner : Mr.J.Bharathan For Respondents : Mr.P.Thilak Kumar - for R1, R3 to R5 Government Pleader
Mrs.Vijayakumari Natarajan - for R2 Mr.G.Prabhu Rajadurai - for R6 & R7
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.J.Bharathan, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for respondents 1, 3 to 5, Mrs.Vijayakumari Natarajan, learned counsel appearing for the second respondent and Mr.G.Prabhu Rajadurai, learned counsel appearing for the respondents 6 and 7.
2. According to the learned counsel for the petitioner, without obtaining consent to establish and to operate from the Tamil Nadu Pollution Control Board, the respondents 6 and 7 are proceeding to manufacture plastic bags.
3. The learned counsel for the respondents 6 and 7 submits that the petition is misconceived. The respondents 6 and 7 are not going to manufacture plastic bags. The product is something altogether different. The learned counsel further submits that the respondents 6 and 7 have not started the manufacturing activity and they have applied for necessary permission to the Pollution Control Board.
4. As it is submitted that the manufacturing operation has not commenced, we will not dwell into the said aspect.
5. However, it is trite that permission from necessary authorities has to be obtained before the manufacturing process commences, the respondents 6 and 7 shall obtain necessary permission before starting any manufacturing operations. It is only after all the permissions are granted, then only the respondents 6 and 7 can operate the manufacturing process. The authorities may decide the application filed by the petitioner for permissions, on its own merits and in accordance with law.
6. With these observations, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [C.K., J.] 29.08.2023 Index : Yes / No RM
To 1.The District Collector Kanyakumari District at Nagercoil.
2.The District Environmental Engineer, Tamilnadu Pollution Control Board, Water Tank Road, Nagercoil, 3.The Assistant Director of Town Panchayat, District Collector Office, Kanyakumari District at Nagercoil.
4.The Tahsildar Killiyoor Taluk, Tholaiyavattam Post, 5.The Executive Officer Killiyoor Town Panchayat, Tholaiyavattam Post,
THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.
RM 29.08.2023