Madras High CourtWP(MD)/8691/2017disposed of

S.Kamaraj, v. The Director/Commissioner

2017-08-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 8691 of 2017 S.Kamaraj .. Petitioner Vs.

1. The Director /Commissioner, Tamil Nadu Pollution Control Board, TNPCB Building, Arumbakkam, Chennai.

2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO, Industrial Estate, Pettai, Tirunelveli.

3. The District Collector, Tirunelveli District, Tirunelveli.

4. The Executive Officer, Panagudi Town Panchayat, Panagudi, Tirunelveli District.

5. Raja .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 to 4 to remove the weaving machineries set up by the 5th respondent from the residential area in order to safeguard the public health and safety by considering the representations dated 08.11.2016 and 03.01.2017.

For Petitioner : Mr.S.Satheesh Kumar For Respondents No.1 to 3 : Mr.M.Govindan Special Government Pleader For Respondent No.4 : Mr.A.K.Baskara Pandian For Respondent No.5 : No appearance https://hcservices.ecourts.gov.in/hcservices/

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachments said to have been committed by the fifth respondent in his residential area. Even though the fifth respondent was served, he has not chosen to enter appearance. The writ petitioner has given a representation dated 03.01.2017 in this regard.

2. This Court directs the second respondent to consider the said representation and dispose of the same and take appropriate action in accordance with law within a period of three months from the date of receipt of a copy of this order. The second respondent shall give notice to the fifth respondent before passing any order.

3. Accordingly, this writ petition stands disposed of. No costs.

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

1. The Director /Commissioner, Tamil Nadu Pollution Control Board, TNPCB Building, Arumbakkam, Chennai.

2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, 30/2, SIDCO, Industrial Estate, Pettai, Tirunelveli.

3. The District Collector, Tirunelveli District, Tirunelveli.

4. The Executive Officer, Panagudi Town Panchayat, Panagudi, Tirunelveli District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 71478 + 1 CC TO Mr.S.SATHESSH KUMAR, ADVOCATE IN SR No. 71048 RMK/DAS TE/MR-KKR/SAR-III : 30/08/2017 : 2P/7C ORDER MADE IN W.P.(MD)No. 8691 of 2017 07.08.2017 https://hcservices.ecourts.gov.in/hcservices/