Madras High CourtWP(MD)/18222/2018dismissed as infructuous

L.Natchiappan, v. The Chairman,

2018-09-17Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18222 of 2018 and W.M.P.(MD)No.16131 of 2018 L.Natchiappan, Proprietor, NNL Blue Metals, Vengalur Village, Thirumayam Taluk, Pudukkottai District.

... Petitioner vs.

1.The Chairman, 76 Mount Salai, Guindy, Chennai-600 032.

2.The Member Secretary, 76 Mount Salai, Guindy, Chennai-600 032.

3.The District Environmental Engineer, 1, SIPCOT Complex, Thirukorekarnam, Pudukkottai, Pudukkottai District.

4.The Divisional Engineer, Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), Thirumayam, Pudukkottai District.

5.Thirumugan Blue Metals, Through its Proprietor, Mr.Balaji.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus to forbear the respondents 1 to 3 from granting any consent to establish and operate any stone crusher unit to the fifth respondent in S.No.473/3 and 473/5, Thulaiyanur Village, Thirumayam Taluk, Pudukottai District in violation of distance criteria enshrined in B.P.Ms.No.4, dated 02.07.2004 issued by the first respondent. For Petitioner : Mr.C.Jeganathan For Respondents : Mr.A.Muthukaruppan Additional Government Pleader for R.1 to R.3

O R D E R

When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the writ petition has become infructuous for the reason that the fifth respondent's application to operate stone crusher unit has been rejected and in such circumstances, nothing survives for consideration in the writ petition filed by the petitioner.

2. Recording the statement made by the learned Additional Government Pleader, the Writ Petition is dismissed as infructuous. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-II) To 1.The Chairman, 76 Mount Salai, Guindy, Chennai-600 032.

2.The Member Secretary, 76 Mount Salai, Guindy, Chennai-600 032.

3.The District Environmental Engineer, 1, SIPCOT Complex, Thirukorekarnam, Pudukkottai, Pudukkottai District.

+1 CC To MR.C.JEGANATHAN, Advocate SR. NO. 84618 +1 CC TO The Special Government Pleader SR.NO. 84763 W.P.(MD) No.18222 of 2018 17.09.2018 SSI DS/RP/SAR-II(23.10.2018)3P 6C