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Madras High CourtWP(MD)/11180/2021dismissed

Mani.S v. The State Of Tamil Nadu

2023-10-18Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.8757 of 2021 S.Mani ... Petitioner -vs1.The State of Tamil Nadu Rep. by District Collector, Kanyakumari District at Nagercoil.

2.The Principal Secretary to Government, Pollution Control Department, Secretariat, Chennai.

3.The District Officer for Pollution Control, District Collector Office Campus, Nagercoil, Kanyakumari District.

4.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, 5.The Executive Officer, Pacode Town Panchayat, Pacode Post, Vilavancode Taluk, Kanyakumari District.

1/5

6.The Inspector of Police, Marthandam Police Station, Marthandam Post, 7.Ramla Beevi Jalaludin ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to inspect the factory in Door Nos.22/33A1, 22/33B1 of Pacode Town Panchayat at Nallanivilai of Vilavancode Taluk, Kanyakumari District and stop the production of smoke from the cashew nut factory belong to seventh respondent.

For Petitioner :

Mr.S.Titus For R1 to R5 :

Ms.D.Farjana Ghoushia Special Government Pleader For R6 :

Mr.R.Sivakumar Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 to 6 to inspect the factory in Door Nos.22/33A1 and 22/33B1 of Pacode Town Panchayat at Nallanivilai of Vilavancode Taluk, Kanyakumari District and stop the production of smoke from the cashew nut factory of the seventh respondent. 2/5

2. When the matter was taken up for hearing today, the learned counsel for the petitioner submitted that the bundle has already been returned back to the client and change of Vakalath has also been given.

3. The petitioner has not engaged any counsel till date. That apart, there seems to be some private dispute between the petitioner and the seventh respondent, which is attempted to be ventilated through this Writ Petition. Therefore, this Court does not find any merit in the present Writ Petition.

4. In view of the above, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 18.10.2023 Index : Yes/No smn2 To 1.The District Collector, Kanyakumari District at Nagercoil.

2.The Principal Secretary to Government, Pollution Control Department, 3/5

Secretariat, Chennai.

3.The District Officer for Pollution Control, District Collector Office Campus, Nagercoil, Kanyakumari District.

4.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, 5.The Executive Officer, Pacode Town Panchayat, Pacode Post, Vilavancode Taluk, Kanyakumari District.

6.The Inspector of Police, Marthandam Police Station, Marthandam Post, 4/5

N.ANAND VENKATESH, J.

smn2 and W.M.P.(MD)No.8757 of 2021 18.10.2023 5/5