P.Jeyasankar v. The Chief Secretary / Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.15839 of 2015 AND MP(MD)NO.1/2015 P.Jeyasankar ... Petitioner Vs.
1.The Chief Secretary/Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai.
2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO Industrial Estate, Pettai, Tirunelveli.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The Junior Engineer, Tamil Nadu Electricity Board, Town/Distribution, Alangulam, Tirunelveli District.
5.The Executive Officer, Alangulam Selection Grade Town Panchayat, Alangulam, Tirunelveli District.
6.The Proprietor, Mariammal Modern Rice Mill, 6/7th Street, Tenkasi Main Road, Alangulam, Tirunelveli District.
... Respondents PRAYER:
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st Respondent to implement the recommendation of the 2nd Respondent and to close the unit run by the 6th Respondent namely Mariammal Modern Rice and oil Mill situated at 6/7th Street Tenkasi main Road Alangalam Tirunelveli District for removal of air and water pollution made by the 6th Respondent based on petitioners representation dated 10.06.2015.
For Petitioner : Mr.M.Kaushikan For Respondents 1-3 : Mr.C.Selvaraj, Special Government Pleader.
For 5th Respondent : Mr.Rajakarthikeyan
ORDER
(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed seeking for a direction to the first respondent to implement the recommendation of the second respondent and to close the unit run by the sixth respondent namely Mariammal Modern Rice and oil Mill, situated at 6/7th Street, Tenkasi Main Road, Alangalam, Tirunelveli District based on the representation of the petitioner dated 10.06.2015.
2.We find that the writ petition has been filed only in personal interest out of some personal prejudice and not in public interest. If the particular rice mill does not run within the parameters of law, then it is for the authority to deal with the same in accordance with law. Therefore, no mandamus could be granted in a case of this nature.
3.With the above observation, the writ petition is dismissed. No costs. Consequently, M.P(MD)No.1 of 2015 is closed. Sd/- Assistant Registrar( co) /TRUE COPY/ Sub Assistant Registrar sms To 1.The Chief Secretary/Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai.
2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO Industrial Estate, Pettai, Tirunelveli.
3.The District Collector, Tirunelveli District, Tirunelveli.
4.The Junior Engineer, Tamil Nadu Electricity Board,
Town/Distribution, Alangulam, Tirunelveli District.
5.The Executive Officer, Alangulam Selection Grade Town Panchayat, Alangulam, Tirunelveli District.
+1 cc to MR.M.KAUSIKAN, ADVOCATE, SR NO:51798 JAM/SKS-RR/21.9.15/3P-7C Writ Petition (MD) No.15839 of 2015 02.09.2015