Madras High CourtWP(MD)/16986/2019disposed of

Vaithilingam v. The Dist.Collector

2023-01-03Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.16986 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16986 of 2019 Vaithilingam ... Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

3. The Tahsildar, Tenkasi Taluk, Tirunelveli District.

4. The Inspector of Police, Pavoorchatram police station, Tirunelveli District.

5. The Proprietor, V.P.N.Modern Rice Mill, Vinaitheerthanadarpatti 1st Street, Thippanampatti, Tenkasi Taluk, Tirunelveli District.

6. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Tirunelveli.

(R-6 is suo motu impleaded vide order dated 03.01.2023.) ... Respondents 1/5

2 W.P.(MD)NO.16986 OF 2019 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 4 to take appropriate action for closure of the fifth respondent's V.P.N.Modern Rice Mill situated at Vinaitheerthanadarpatti 1st Street, Thippanampatti, Tenkasi Taluk, Tirunelveli District, as per invoking under Section 133 Cr.P.C. on the basis of the petitioner's representation dated 03.05.2019.

For Petitioner : Mr.B.Anandan For R-1 to R-3 : Mr.M.Siddharthan, Additional Government Pleader.

For R-4 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side).

For R-5 : Mr.H.Arumugam For R-6 : Ms.Vijayakumari Natarajan * * *

O R D E R

Heard the learned counsel on either side.

2. The grievance of the petitioner is that the fifth respondent by running his modern rice mill is causing nuisance and that therefore, action should be taken for closing 2/5

3 W.P.(MD)NO.16986 OF 2019 the same under Section 133 Cr.P.C. The fifth respondent has been running the rice mill since 2011. Originally, the Tamil Nadu Pollution Control Board had issued consent and also renewed the same. However, on account of the dispute raised by the petitioner and the pendency of the writ petition, it appears that the renewal application is not being processed.

3. I direct the impleaded Tamil Nadu Pollution Control Board, to pass order on the petitioner's application on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. The rights of the parties will abide by the outcome of the said proceedings. This writ petition stands disposed of. No costs. 03.01.2023 Index : Yes / No Internet : Yes/ No PMU 3/5

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