Madras High CourtWP(MD)/12974/2018allowed

S.Ramarasu, v. The Revenue Divisional Officer

2024-11-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.11859 to 11862 of 2018 S.Ramarasu ... Petitioner Vs The Revenue Divisional Officer, (Sub Divisional Magistrate), Sivakasi, Virudhunagar District.

... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order passed by the respondent in Na.Ka.No.A/100/2018, dated 15.06.2018 and quash the same.

For Petitioner : Mr.A.Sivaji For Respondent : Mr.S.Shanmugavel Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed by the petitioner challenging the order passed by the respondent dated 15.06.2018. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.According to the petitioner, he was doing business of manufacturing mineral water namely M/s.Sugapriya Mineral Water. Based on the complaint lodged by one Mayakrishnan alleging that because of the petitioner's unit, the ground water of the Village is affected. While so, the respondent inspected the premises of the petitioner. On 15.06.2018, the respondent issued a notice stating that the petitioner should close the unit in question from 16.06.2018 to 22.06.2018.

4.On perusal of the records would reveal that the period has already been expired. Further, as per the order passed by the Hon'ble Division Bench of this Court in W.P(MD)Nos.12296 and 17498 of 2018, dated 12.10.2018 (A.Mayakrishnan Vs. The Chief Engineer and others), the impugned order passed by the 2/4

respondent dated 12.10.2018 cannot be sustained and the same is liable to be quashed.

5.Accordingly, the impugned order passed by the respondent, dated 12.10.2018 is quashed and the Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 20.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To The Revenue Divisional Officer, (Sub Divisional Magistrate), Sivakasi, Virudhunagar District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 20.11.2024 4/4