Madras High CourtWP(MD)/20422/2021disposed of

Eldho Varghese v. The Block Development Officer / Commissioner

2021-11-15Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.20422 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.20422 of 2021 Eldho Varghese ... Petitioner Vs.

The Block Development Officer/Commissioner, Block Development Office, Melpuram Block, Melpuram Post, Kanyakumari District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent to consider and pass orders on the representation dated 17.08.2021 followed by reminder dated 11.10.2021 seeking grant of approval towards commencement of 'Meri Matha Plywood Industry'.

For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.M.Linga Durai Special Government Pleader

ORDER

The present Writ Petition is filed in the nature of Mandamus seeking a direction to the respondent/the Block Development Officer/Commissioner, Block Development Office, Melpuram Block, Melpuram Post in Kanyakumari District to consider and pass orders on a representation given by the petitioner on 17.08.2021 and reminder dated 11.10.2021.

2. The nature of the representation was that the petitioner wanted to commence Meri Matha Plywood industry and in this connection, the petitioner had sought approval from the respondent herein. The area in which such industry is to be commenced is in R.S.No.185/2A2. It is claimed by the petitioner that he had obtained No Objection Certificate from the Fire Department, from the Tahsildar of Vilavancode Taluk and also DTCP industrial approval from the Assistant Director of Town and Country Planning, Kanyakumari District and also obtained consent from the Pollution Control Board.

3. Mr.M.Lingadurai, learned Special Government Pleader who https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.20422 of 2021 takes notice for the respondent states that however an obligation is placed on the petitioner to also get No Objection Certificate from the President of Manjalumoodu Panchayat which is a prerequisite for the respondent herein to consider the representation of the petitioner herein.

4. By placing a direction on the President to issue such No Objection Certificate from the said Panchayat, the Writ Petition itself is disposed of and it is made clear that if the petitioner gets such consent from the said Panchayat, the respondent should consider the representations which are already on the table of the respondent within a period of 16 weeks from the date of obtaining permission from the said Panchayat.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Block Development Officer/Commissioner, Block Development Office, Melpuram Block, Melpuram Post, Kanyakumari District.

+1 CC to M/s.T. SAKTHIKUMARAN, Advocate ( SR-34509[F] dated 15/11/2021 ) W.P.(MD).No.20422 of 2021 15.11.2021 DKS(CO) KB(29.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2