Arul Geethan.J v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)Nos.11237 & 11238 of 2021 J.Arul Geethan : Petitioner Vs.

1.The District Collector, Nagercoil, Kanniyakumari District.

2.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.318/46A Water Tank Road, Nagercoil, Kanyakumari District - 629 001.

4.The Deputy Director of Fisheries, Fisheries Department, Nagercoil, Kanyakumari District.

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5.The Sub-Collector, Padmanabapuram, Kanyakumari, Kanyakumari District.

6.The Tahsildar, Kiliyoor Taluk Office, Kiliyoor, Kanyakumari District.

7.The Block Development Officer, The Block Development Office, Moonjirai Town Panchayat Union, Moonjirai, Kanyakumari.

8.The President, Thuthoor Village Panchayat, Poothurai, Kiliyoor Taluk, Kanyakumari District.

9.Anderson Xavier : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned letter in nfh.bjh.E. 06(39)/2018-(1) dated 13.12.2019 on the file of the third respondent and quash the same as illegal and consequently direct 2/7

the respondents 2 and 3 to consider the application dated 29.07.2021 and grant consent to the petitioner's unit under water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy for M/s.Lajapathi Roy Associates For Respondents 1, 4&8 : Mr.P.Thilak Kumar Government Pleader For Respondents 2&3 : Mrs.Vijayakumari Natarajan For Respondent No.9 : No appearance

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The learned Counsel for the petitioner would fairly submit that the prayer as sought for by the petitioner in the present Writ Petition has become infructuous since the order passed by the District Environmental Engineer has been challenged vide separate proceedings.

2.In view of the orders passed by the District Environmental Engineer, the prayer as sought for by the petitioner has become infructuous.

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3.Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [D.K.K.,J.] & [R.V.,J.] 19.03.2024 Index : Yes/No Internet : Yes/No MR 4/7

To 1.The District Collector, Nagercoil, Kanniyakumari District.

2.The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.318/46A Water Tank Road, Nagercoil, Kanyakumari District - 629 001.

4.The Deputy Director of Fisheries, Fisheries Department, Nagercoil, Kanyakumari District.

5.The Sub-Collector, Padmanabapuram, Kanyakumari, Kanyakumari District.

6.The Tahsildar, Kiliyoor Taluk Office, Kiliyoor, Kanyakumari District.

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7.The Block Development Officer, The Block Development Office, Moonjirai Town Panchayat Union, Moonjirai, Kanyakumari.

8.The President, Thuthoor Village Panchayat, Poothurai, Kiliyoor Taluk, Kanyakumari District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 19.03.2024 7/7