N.Mahesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Mahesh ... Petitioner Vs.

1.The District Collector, Thanjavur District.

2.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

3.The Tahsildar, Taluk Office, Thanjavur.

4.The Superintendent of Police, Thanjavur District.

5.The Inspector of Police, Town Police Station, Thanjavur.

6.The Commissioner, Thanjavur Corporation, Thanjavur.

7.The Block Development Officer, Thanjavur Panchayat Union, Panagal Building, Thanjavur.

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8.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.23, SIDCO Industrial Estate Opposite to Uzhavar Santhai, Nanjikottai Road, Thanjavur - 613 006.

9.The Health Inspector, Thanjavur Corporation, Thanjavur.

10.Sudha Tiffin Centre, Rep.by Proprietor, Near South Reddiar Street, Main Road, Pillaiyarpatti, Thanjavur - 613 403.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents herein to forthwith close the tenth respondent herein thereby preventing the nuisance, danger, injury caused to the life and health hazard in the vicinity of the residents of South Reddiar Street, Main Road, Pillayarpatti, Thanjavur - 613 403.

For Petitioner : Mr.A.Kalaivanan For Respondents : Mr.T.Vilavankothai, Government Advocate for R1 to R3, R7 and R9 Mr.N.Dilipkumar for R6 Ms.Vijayakumari Natarajan for R8 Mr.P.Vadivel for R10 * * * 2/4

ORDER

Heard both sides.

2.The petitioner is a resident of Pillaiyarpatti, Thanjavur District. He felt aggrieved by the activities of the tenth respondent. He wants to close down the petition mentioned tiffin centre. The allegation made by the petitioner is denied by the tenth respondent. The writ court will not be justified in entering into such contentious aspects at this stage itself.

3.The seventh respondent is directed to conduct enquiry in the matter. He will issue notice to the petitioner as well as the tenth respondent. After hearing both sides and perusing the materials on record, speaking order will be passed by the 7th respondent and served on both sides. The rights of the tenth respondent will abide by the order to be passed by the seventh respondent. Of course, if any adverse order is passed he can question the same. If the petitioner's claim is rejected, it is open to them to seek relief on merits and in accordance with law.

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4.This writ petition is disposed of. No costs. 03.04.2024 Index : Yes / No Internet : Yes/ No Skm To 1.The District Collector, Thanjavur District. 2.The Revenue Divisional Officer, Thanjavur, Thanjavur District. 3.The Tahsildar, Taluk Office, Thanjavur.

4.The Superintendent of Police, Thanjavur District. 5.The Inspector of Police, Town Police Station, Thanjavur. 6.The Commissioner, Thanjavur Corporation, Thanjavur. 7.The Block Development Officer, Thanjavur Panchayat Union, Panagal Building, Thanjavur.

8.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.23, SIDCO Industrial Estate Opposite to Uzhavar Santhai, Nanjikottai Road, Thanjavur - 613 006.

9.The Health Inspector, Thanjavur Corporation, Thanjavur. 4/4

G.R.SWAMINATHAN, J.

SKM 03.04.2024 5/4