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Madras High CourtWP(MD)/13369/2023dismissed

Chandrakumar.A v. The District Collector

2023-06-09Honourable Mr Justice C.V. Karthikeyan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.11342 of 2023 A.Chandrakumar ... Petitioner Vs.

1.The District Collector Karur District, Karur.

2.The Assistant Director of Town and Country Planning, Karur District, Karur.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.26, Ramakrishnapuram (West), Karur District- 639 001.

4.The Revenue Divisional Officer, Karur, 1/8

5.The Block Development Officer K.Paramathy, Pugalur Taluk, 6.The Executive Engineer TANGEDCO, (Operations and Maintenance), Gramiyam, 7.The Chairman K.Paramathy Panchayat Union, 8.The President Thennilai Melpagam Village Panchayat, Pugalur Taluk, 9.R.Raja R 10.K.Parthiban 11.P.Ramalingam 12.N.Chinnasamy 13.N.Thangavel 14.R.Nachimuthu 15.A.P.Duraisamy 16.K.Rajamani

...Respondents

2/8

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 5th respondent in Na.Ka.No.A2/2102/2022 dated 27.02.2023 and the consequential resolution passed by the 7th Respondent dated 06.04.2023 quash the same and further directing the Respondents 5 and 7 to issue final approval to the petitioner for running PPC Cement Blending unit based on the technical approval issued by the 2nd respondent in Na.Ka.No. 2027/2021/Ka Ma, dated 19.04.2022.

For Petitioner : Mr.R.Balakrishnan For Respondents : Mrs.D.Farjana Ghoushia - for R1, R2 & R4 Special Government Pleader Mr.T.Amjad Khan - for R5, R7 & R8 Government Advocate Mr.S.Deenadhayalan, - for R6 Mr. Vijayakumari Natarajan - for R3 3/8

O R D E R

The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking interference with an order passed by the fifth respondent / Block Development Officer, K.Paramathy, Pugalur Taluk, Karur District, dated 27.02.2023 and consequential resolution of the seventh respondent / Chairman, Paramathy Panchayat Union, Karur District, dated 06.04.2023, and to quash the same and to direct the respondents 5 and 7 aforementioned, to issue final approval to the petitioner for running PPC Cement Blending unit based on technical approval issued by the second respondent by an order, dated 19.04.2022.

2. The writ petition is dismissed even without issuing notice to the private respondents. The reason is that the private respondents, R.Raja, K.Parthiban, P.Ramalingam, N.Chinnasamy, N.Thangavel, R.Nachimuthu, A.P.Duraisamy and K.Rajamani, had joined together and filed a Writ Petition in W.P.(MD)No.27905 of 2022 as a "Public Interest Litigation" seeking a direction to the Court to issue necessary directions to the respondents 3 and 4 namely, Block Development Officer 4/8

K.Paramathy, Pugalur Taluk, Karur District, and the President, Panchayat Union of Thennilai Melpagam, Pugalur Taluk, Karur District, to stop illegal construction of the very Cement Factory, for which the petitioner now seeks a Mandamus.

3. The petitioner cannot choose his forum. This is a clear case where the petitioner seeks to do forum shopping. He could very well appear before the Division Bench. He has not done so, but filing of the Writ Petition is malicious in nature.

4. The Writ Petition stands dismissed, as this Court cannot override the jurisdiction of the Division Bench and entertain the Writ Petition. Costs of Rs.25,000/- (Rupees Twenty Five Thousand only) is imposed on the petitioner and a direction is given to the seventh respondent/Chairman, K.Paramathy Panchayat Union, Karur District, to ensure that the petitioner pay the costs of Rs.25,000/- (Rupees Twenty Five Thousand only) to the District Legal Service Authority, at Karur, The costs should be paid on or before 15.07.2023. A report may be filed before the District Collector, Karur, whether the petitioner had paid the 5/8

costs, if not, proceedings under Revenue Recovery Act, may be initiated against the petitioner herein for instituting the malicious Writ Petition. Consequently, connected miscellaneous petition is closed. 09.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM To 1.The District Collector Karur District, Karur.

2.The Assistant Director of Town and Country Planning, Karur District, Karur.

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.26, Ramakrishnapuram (West), Karur District- 639 001.

4.The Revenue Divisional Officer, Karur, 6/8

5.The Block Development Officer K.Paramathy, Pugalur Taluk, 6.The Executive Engineer TANGEDCO, (Operations and Maintenance), Gramiyam, 7.The Chairman K.Paramathy Panchayat Union, 8.The President Thennilai Melpagam Village Panchayat, Pugalur Taluk, 7/8

C.V.KARTHIKEYAN, J.

RM 09.06.2023 8/8