Victor Baskar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.3114 of 2025 Victor Baskar ... Petitioner Vs.
1.The District Collector, Office of the Collectorate Buildings, Tenkasi.
2.The District Pollution Control Board, Tamilnadu Pollution Control Board, Tenkasi.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarankovil.
4.The Tahsildar, Sankarankovil, Sankarankovil.
5.Navaneetha Krishnan, Operating Head cum Owner of Zinning Factory, (Veerputhira Thevar Rice Mill), Thiruvenkadam Salai, Sankarankovil.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/7
India, praying this Court to issue a Writ of Mandamus, to direct respondents 1 to 4 herein to take action and close the illegal Zinning Factory namely Veeraputhira Thevar Rice Mill situated in Sankarankovil, Tenkasi District running by the 6th respondent without having any proper licence from the appropriate authorities by considering the representation of the petitioner dated 26.10.2024 within the time limit that may be stipulated by this Court. For Petitioner :
Mr.R.Babu Jaganath for Mr.R.Gowrishankar For RR1, 3 & 4 :
Mr.P.Thilakkumar Government Pleader For R2 :
Ms.Madhuri Donti Reddy For R5 :
Mr.J.C.Rathnavel Pandian
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been instituted seeking direction to respondents 1 to 4 to take action and close the fifth respondent Zinning Factory namely Veeraputhira Thevar Rice Mill.
2. The petitioner states that the fifth respondent is a rice mill located at Sankarankovil, Tenkasi District, more specifically in 2/7
Sankarankovil Town. The mill is being operated in the residential area and further schools, hospitals situate nearby the said rice mill. He would submit that the mill is causing pollution, which resulted in nuisance to the residents of that locality, children studying in schools and patients in nearby hospitals. Thus, the petitioner sent a complaint to the Pollution Control Board for initiation of action. Since no action was taken, the present writ petition came to be instituted.
3. The learned counsel for the fifth respondent would submit that the complaint was made due to personal vengeance. But, admitted that no consent was obtained from the Pollution Control Board. He would contend that the mill is not running frequently and it is being operated intermittently and therefore, there is no pollution caused in the locality at the instance of the fifth respondent.
4. To ascertain the facts, the Pollution Control Board authorities were directed to conduct inspection and look into the allegations raised by the petitioner. The authorities, in turn, have conducted an inspection and found that the fifth respondent-unit has been established without obtaining consent of the Pollution Control Board. The unit was found to be operating intermittently without a valid consent. That apart, frequent complaints were received against the 3/7
unit by the Pollution Control Board. Taking note of the violations and contraventions, the Tamil Nadu Pollution Control Board passed an order of closure in proceedings dated 28.07.2025.
5. Since the fifth respondent-unit is being operated without complying with the Pollution Laws, and the authorities have found that no valid consent was obtained from the Board, this Court finds that the closure order passed is in consonance with the Pollution Laws and thus, the petitioner is entitled to succeed.
6. Accordingly, this Writ Petition is allowed and respondents 1 to 4 are directed to ensure compliance of the Pollution Control Board's closure order within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.] 30.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/7
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To 1.The District Collector, Office of the Collectorate Buildings, Tenkasi.
2.The District Pollution Control Board, Tamilnadu Pollution Control Board, Tenkasi.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarankovil.
4.The Tahsildar, Sankarankovil, Sankarankovil.
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S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
abr 30.07.2025 7/7