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Madras High CourtWP(MD)/8182/2024disposed of

Nelson .T v. The District Collector

2026-02-19Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 19.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.8182 of 2024 and W.M.P.(MD)No.7382 of 2024 T.Nelson ... Petitioner Vs

1. The District Collector, Kanniyakumari District at Nagercoil.

2. The District Environmental Engineer, Tamilnadu Pollution Control Board, No.318/46a, Water Tank Road, Nagercoil and Post, Agasteeswaram Taluk,

3. The Sub Collector, Padmanabhapuram, Thuckalay,

4. The Tahsildar, Thiurvattar,

5. The Deputy Director of Health Services, Krishnancoil Road, Mela Theru Karai, Nagercoil, Kanniyakumari District.

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6. The Executive Officer , Thirparappu Town Panchayat, Kulasekaram Post,

7. A.Nelson

8. Sutha

9. Johnson ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 6th respondent to take proper and due action against the respondents 7 to 9 pursuant to the proceedings of the 6th respondent in Na.Ka.No.241/2023/A2, dated 25.10.2023 who is running a hollow brick manufacturing unit in a residential area situated at Survey No.225/5D of Thumbacode Village, Thiruvattar Taluk, Kanniyakumari District in the light of representation of petitioner dated 01.12.2023, within a time frame as may be fixed by this Honourable Court by allowing the present writ petition. For Petitioner : Mr.G.Aravinthan For Respondents : Mrs.S.Jeyapriya, Govt. Advocate for R1, R3 to R5 M/s.Madhuri Donti Reddy for R2 Mr.Siddharthan for R6 Mr.S.C.Herold Singh for R7 to R9 2/6

O R D E R

This Writ Petition is filed seeking a direction to the 6th respondent to take proper and due action against the respondents 7 to 9 pursuant to the proceedings of the 6th respondent in Na.Ka.No. 241/2023/A2, dated 25.10.2023, who is running a hollow brick manufacturing unit in a residential area situated at Survey No.225/5D of Thumbacode Village, Thiruvattar Taluk, Kanniyakumari District in the light of representation of petitioner dated 01.12.2023, within a time frame as may be fixed by this Court.

2. According to the petitioner, respondents 7 to 9 are operating a hollow brick manufacturing unit on the subject property, which is close to the petitioner's residence. The dust from the said unit spreads in the atmosphere and polluting the eco system and the chaff dusts from the unit are mixing with the open water source and food items in the nearby area. In this regard, the petitioner has already sent a representation on 01.12.2023 to the respondents. since the said representation has not been considered till date, the petitioner has filed this Writ Petition.

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3. The learned Government Advocate appearing for the respondents would submit that the representation of the petitioner dated 01.12.2023 would be considered in accordance with law.

4. In view of the same, without expressing any opinion on the merits of the matter, this Court directs the 6th respondent to consider and pass orders on the representation of the petitioner dated 01.12.2023 on merits and in accordance with law, after issuing notice to the respondents 7 to 9, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

19.02.2026 Index : Yes/No Internet: Yes/No vsm 4/6

To

1. The District Collector, Kanniyakumari District at Nagercoil.

2. The District Environmental Engineer, Tamilnadu Pollution Control Board, No.318/46a, Water Tank Road, Nagercoil and Post, Agasteeswaram Taluk,

3. The Sub Collector, Padmanabhapuram, Thuckalay,

4. The Tahsildar, Thiurvattar,

5. The Deputy Director of Health Services, Krishnancoil Road, Mela Theru Karai, Nagercoil, Kanniyakumari District.

6. The Executive Officer , Thirparappu Town Panchayat, Kulasekaram Post, 5/6

KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.8182 of 2024 19.02.2026 6/6