Herman Singh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025

CORAM:

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD) No.17871 of 2024 Herman Singh ... Petitioner Vs.

The District Collector, Office of the District Collector, Kanyakumari District at Nagercoil and 4 others ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to pass appropriate orders directing for closure of the Car/ Bike wash service station owned by the 5th respondent in the name and style of 'S.R. Service Station', at Koottanicka Vilai, Nalloor, Vilavancode - 629 162, Kanyakumari District, comprised in Survey No.62, Nalloor Village, Vilavancode Taluk and Kanyakumari District, by passing orders on the representation of the petitioner dated 12.08.2024 within a time frame as may be fixed by this Court.

For Petitioner : Mr.G.Aravinthan For RR 1, 2 & 4 : Mr.S.S.Madhavan, Addl. Government Pleader

For R-3 : Mr.S.R.A.Ramachandran, Addl. Government Pleader For R-5 : No Appearance ******

O R D E R

(Order of the Court was made by J.Nisha Banu, J.) This writ petition is filed seeking for a direction to the respondents 1 to 4 to pass appropriate orders, directing for closure of the Car/ Bike wash service station owned by the 5th respondent in the name and style of 'S.R. Service Station', by considering the petitioner's representation dated 12.08.2024 within a stipulated time frame as may be fixed by this Court.

2. It is the grievance of the petitioner that his representation dated 12.08.2024, seeking closure of the Car/ Bike wash service station owned by the 5th respondent in the name and style of 'S.R. Service Station', at Koottanicka Vilai, Nalloor, Vilavancode - 629 162, Kanyakumari District, comprised in Survey No.62, Nalloor Village, Vilavancode Taluk and Kanyakumari District, which causes ground water contamination due to the dumping of hazardous petrochemical and detergent waste used by the fifth respondent for washing the cars at the above Car/ Bike wash service station. Since the same is kept pending till date without any progress, left with no other option, the petitioner has filed this Writ Petition.

3. Mr.S.S.Madhavan, learned Additional Government Pleader, appearing on behalf of the respondents 1,2 & 4 submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court.

4. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the official respondents and perused the materials placed before this Court. 5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the first respondent to consider the representation of the petitioner dated 12.08.2024, after giving sufficient opportunity of hearing to the petitioner as well as the fifth respondent and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed.

(J.N.B.J.) (S.S.Y.J.) 26.03.2025 sts

J. NISHA BANU, J.

and S.SRIMATHY, J.

sts Note: Registry is directed to send a copy of this order to the 5th respondent.

To:

1) The District Collector, Office of the District Collector, Kanyakumari District at Nagercoil.

2) The Tahsildar, Vilavancode Taluk, Office of Tahsildar - Vilavancode Taluk, Kuzhithurai, Kanyakumari District.

3) The Executive Officer, Naloor Panchayat, Nalloor, Neduvillai, Marthandam 629165, Kanyakumari District.

4) The Public Health Officer, Neduvillai, Manalkuzhi 629 162 Kanyakumari District.

5) Pradeep, S/o Selvaraj, Mulamkuzhi Post 629 162, Vilavancode, Kanyakumari District.

Order made in Dated:

26.03.2025