Balamurugan R v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P.(MD) Nos.4369 & 4370 of 2024 R.Balamurugan ... Petitioner -vs1.The Additional Chief Secretary to Government Municipal Administration and Water Supply Department Secretariat, Chennai-600 009 2.The Director of Municipal Administration Commissionerate of Municipal Administration No.78, Urban Administrative Building Santhome High Road, Chennai-600 028 3.The District Collector Pudukkottai District Collectorate Pudukkottai 4.The Regional Director of Municipal Administration 212, Gandhiji Salai Gandhiji Commercial Complex Thanjavur-613 001
5.The Commissioner Aranthangi Municipality Pudukottai District 6.The District Environmental Engineer Tamil Nadu Pollution Control Board No.01, Sipcot Industrial Complex Sipcot Post, Pudukkottai District 7.Shanthi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the fifth respondent to demolish the unauthorised construction made by the seventh respondent at T.S.No.4 in Door Nos.221, 222, 223, 226 and 2/1, Ward-C, Block 21, Aranthangi, Pudukottai District, in violation of the building plan issued by the fifth respondent, based on the direction of the second respondent in Na.Ka.No. 2603/2024/TP1, dated 07.02.2024.
For Petitioner :
Mr.M.Rajarajan For Respondents :
Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.S.Kameswaran Standing Counsel for R5 Ms.M.Sudha Rani for Ms.Vijayakumari Natarajan for R6
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.M.Rajarajan, learned counsel for the petitioner, Mr.P.Thilakkumar, learned Government Pleader for the respondents 1 to 4, Mr.S.Kameswaran, learned Standing Counsel, for the fifth respondent and Ms.M.Sudha Rani, learned counsel representing Ms.Vijayakumari Natarajan, learned counsel for the sixth respondent.
2. Learned counsel for the petitioner submits that the seventh respondent is running a flour mill unauthorizedly. The sixth respondent / Pollution Control Board has also intimated the fifth respondent / Municipality to take action.
3. Learned counsel for the sixth respondent / Pollution Control Board submits that the Pollution Control Board has intimated the fifth respondent / Municipality about the pollution caused, on 12.04.2023.
4. Learned counsel for the fifth respondent / Municipality submits that pursuant to the above intimation, on 06.02.2024, a show cause notice has been issued to the seventh respondent.
5. As steps are already taken by the fifth respondent / Municipality, no further orders, at present, are necessary in this writ petition. The fifth respondent / Municipality may proceed ahead in accordance with law expeditiously.
6. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [S.V.G., C.J.] [P.D.B., J.] 28.02.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk
To:
1.The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600 009.
2.The Director of Municipal Administration, Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai-600 028.
3.The District Collector, Pudukkottai District Collectorate, Pudukkottai.
4.The Regional Director of Municipal Administration, 212, Gandhiji Salai, Gandhiji Commercial Complex, Thanjavur-613 001.
THE HONOURABLE CHIEF JUSTICE and P.DHANABAL , J.
krk and W.M.P.(MD) Nos.4369 & 4370 of 2024 28.02.2024