M/S.K.R.V.Industries, Rep. By v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.18347 of 2017 and W.M.P.(MD)No.14798 of 2017 M/s.K.R.V. Industries, Rep. by its Proprietor, Radhakrishnan, 8/3,Nagrampatti Village, Sivagangai Taluk, ... Petitioner -Vs1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Sub-Divisional Magistrate, Sivagangai,
3. The Tahsildar, Sivagangai Taluk,
4. The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, ... Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued by the 2nd respondent in his proceedings Na.Ka.No.A2/2055/2017 dated 07.06.2017 and quash the same on the ground that the same is arbitrary, illegal and without jurisdiction and consequently direct the 2nd respondent to drop all further proceedings pertaining to the subject matter referred in the impugned order.
For Petitioner : Mr.R.Aravindan For Respondents : Mr.R.Velmurugan, Government Advocate.
ORDER
Mr.R.Velmurugan, learned Government Advocate takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
2. By the impugned order, the 2nd respondent directed the petitioner not to use the bore-well water for a period of three months, due to water shortage. Challenging the order, the petitioner has come up with the present Writ Petition. 3.When this Court pointed out that the period fixed in the impugned order has already expired and nothing survives in the Writ Petition, the learned counsel for the petitioner would submit that, even now, the respondents are not permitting the petitioner/Industry to run the business.
4.Though the writ petition has been filed, challenging the order of the second respondent, dated 07.06.2017, Mr.Aravindan, the learned counsel for the petitioner would submit that it would suffice if a direction is issued to the respondents to consider the grievance of the petitioner.
5.In the light of the above facts, the petitioner is directed to give a representation to the 2nd respondent by enclosing a copy of this order within a period of two weeks. On such compliance, the 2nd respondent shall consider the petitioner's representation and pass appropriate orders on its own merits and in accordance with law, after providing opportunity to all necessary parties, within a period of six weeks there from. 6.With the above direction, this Writ Petition stands disposed of. No costs. Consequentially, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To
1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Sub-Divisional Magistrate, Sivagangai,
3. The Tahsildar, Sivagangai Taluk,
4. The Designated Officer, Tamil Nadu Food Safety and Drug Administration Department, + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.81329 vs/dss MK/SKN RSK/SAR-2/10.10.2017/3P/6C W.P.(MD)No.18347 of 2017 and W.M.P.(MD)No.14798 of 2017 27.09.2017