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Madras High CourtWP(MD)/20044/2017disposed of

S.Yabeth v. The District Collector

2017-11-01Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20044 of 2017 S.Yabeth ... Petitioner -vs1. The District Collector, Kanyakumari District, at Nagercoil.

2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 318/469, Water Tank Road, Nagercoil-629 001.

3. The Deputy Director, District Health Director's Office, Krishnancoil Health Services, Nagercoil.

4. The Superintending Engineer, Tamil Nadu Electricity Board, Nagercoil.

5. The Assistant Engineer (Distribution), Tamil Nadu Electricity Board, Marunthancode Post.

6. The Executive Officer, Edaicode Town Panchayat, Edaicode Post.

7. Thiru.Manonmani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 6 to take action against the 7th respondent to stop illegal Hallow Bricks and interlock Manufacturing works in Survey No. 478/1B2A Edaicode Village Vilavancode Taluk Kanyakumari District the name and style of S.M.Hallow Bricks and interlock based on representation dated 15.06.17.

For Petitioner : Mr.D.Anbarasu For R1 to R5 : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader For R6 : Mr.Janarthanan *****

O R D E R

This writ petition has been filed, seeking a direction to the respondents 1 to 6 to take action against the 7th respondent to stop illegal Hallow Bricks and interlock Manufacturing works in Survey No. 478/1B2A Edaicode Village, Vilavancode Taluk , Kanyakumari District in the name and style of S.M.Hallow Bricks and interlock based on representation dated 15.06.2017.

2. Mr.T.S.Mohamed Mohideen, the learned Additional Government Pleader takes notice for R1 to R5 and Mr.Janarthanan, the learned counsel for R6. Notice to R7 is dispensed with as no adverse order is going to be passed against him in this petition. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he is the owner of a residential building and the 7th respondent started a Hallow Brick Company near to his building without obtaining any licence or permission from the concerned authorities. Above all, the 5th respondent had also given electricity connection without conducting any spot inspection and verification without the knowledge of his superior authority / R4. Narrating all these facts, the petitioner has submitted a representation dated 15.06.2017 to the respondents 1 to 4 & 6 for taking suitable action against R7. Since there was no response on the said representation, the petitioner is before this Court seeking above direction.

4. The learned Additional Government Pleader appearing for R1 to R5 and the learned counsel for R6 would submit that if a reasonable time is granted to the respondents 1 to 4 & 6, the representation of the petitioner will be considered and suitable orders passed thereon.

5. In view of the above submission, this Court, without going into the merits of the matter, directs the respondents 1 to 4 & 6 to consider the representation submitted by the petitioner dated 15.06.2017 and pass necessary orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity

of hearing to the petitioner, R7 and other interested parties, if any.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Kanyakumari District, at Nagercoil.

2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 318/469, Water Tank Road, Nagercoil-629 001.

3. The Deputy Director, District Health Director's Office, Krishnancoil Health Services, Nagercoil.

4. The Superintending Engineer, Tamil Nadu Electricity Board, Nagercoil.

5. The Assistant Engineer (Distribution), Tamil Nadu Electricity Board, Marunthancode Post.

+1cc to Spl.Government Pleader Sr.No.85364 +1cc to Mr.D.Anbarasu, Advocate Sr.No.84626 AR VB/MR/KKR/SAR4/17/11/2017/3P/8C W.P(MD) No.20044 of 2017 01.11.2017