Boominathan.S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2530 of 2024 and W.M.P.(MD)Nos.2525 and 2527 of 2024 1.S.Boominathan 2.Muthaiah @ Kailappu 3.G.Ulageswari 4.R.Vinayagar 5.Ganesan Maruthan 6.Yesurajan Devadas 7.Sankili ... Petitioners -Vs1.The District Collector, Collectorate Complex, Tenkasi, Tenkasi District.
2.The Assistant Director, Department of Geology and Mining, Collectorate Building, Tirunelveli.
3.The Tahsildar, Sivagiri Taluk, Sivagiri,
4.The Assistant Executive Engineer, TANGEDCO, Sivagiri, 5.Tamil Nadu Hill Area Conservative Authority, Rep. by its Member Secretary, 807, Anna Salai, Chennai-600 002.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records and quashing the impugned closure notice dated 06.12.2023 vide SVGREV/1617/2023-B3 on the file of the 3rd respondent as incompetent and ultravires and consequently, to direct the 1st respondent to grant brick kiln registration license based on the petitioners' application submitted.
For Petitioners : Mr.D.Sreenivasan For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 : Mr.S.Deenadhalayan
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.This Court, in similar matter in W.P.(MD)Nos.90 to 103 of 2024, vide order dated 04.01.2024, passed the following order:-
"6.On a perusal of the records, it is seen that the impugned order has been passed for implementation of the direction issued by the National Green Tribunal, Principal Bench, New Delhi, on 29.05.2023, wherein a direction has been given to a Joint Committee comprising District Collector, Tenkasi, State PCB and District Forest Officer, Tenkasi, who shall visit the site, collect relevant information and if finds any violation of environmental laws and norms, shall take appropriate remedial / preventive action in accordance with law. Therefore, if the petitioners are aggrieved, they have to approach the National Green Tribunal, Principal Bench, New Delhi for redressal of their grievances. Hence, we are not inclined to entertain these Writ Petitions." 3.
In view of the above, this Writ Petition is also disposed of on the same line and the petitioners, if aggrieved, are at liberty to approach the National Green Tribunal, Principal Bench, New Delhi for redressal of their grievances. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] & [R.V., J.] 07.02.
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR , J.
Yuva To 1.The District Collector, Collectorate Complex, Tenkasi, Tenkasi District.
2.The Assistant Director, Department of Geology and Mining, Collectorate Building, Tirunelveli.
3.The Tahsildar, Sivagiri Taluk, Sivagiri, W.P.(MD)No.2530 of 2024 07.02.2024 (2/2)