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Madras High CourtWP(MD)/20558/2015disposed of

V. Christu Robert v. The District Collector

2023-03-02Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.20558 of 2015 V.Christu Robert ..... Petitioner - Vs1. The District Collector, Kanyakumari District, Nagercoil.

2. The Commissioner, Thuckalay Panchayat Union, Thuckalay Post, Kanyakumari District.

3. The District Environmental Engineer, Tamil Nadu Environment and Pollution Control, No.30 Kesari Street, Mathiyas Nagar, Nagercoil - 1, Kanyakumari District.

(Cause title the amended vide order of this Court dated 16.02.2016 in M.P(MD) No.1 of 2015)

4. Vins Raj ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to take suitable action against the fourth respondent on the basis of the petitioner representation dated 19.09.2015 to abate the noise pollution caused on account of the activities caused by the fourth respondent. For Petitioner : Mr.D.Christenson Jugunu For Respondents : Mr.G.Siva Raja Government Advocate For R1 and R2 : M/s.Vijayakumari Natarajan For R3

ORDER

This writ petition has been filed seeking for a writ of Mandamus, directing the third respondent to take suitable action against the fourth respondent on the basis of the petitioner representation dated 19.09.2015 to abate the noise pollution caused on account of the activities caused by the fourth respondent.

2. Heard Mr.D.Christenson Jugunu, learned counsel appearing for the petitioner, Mr.G.Siva Raja, learned Government Advocate appearing for the 2/5

respondents 1 and 2 and M/s.Vijayakumari Natarajan, learned counsel appearing for the third respondent.

3. Considering the limited relief sought for by the writ petitioner without adverting to the averments made in the affidavit in support of the Writ Petition, the third respondent is directed to consider the representation of the petitioner dated 19.09.2015, and pass appropriate orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

02.03.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Commissioner, Thuckalay Panchayat Union, Thuckalay Post, Kanyakumari District.

3. The District Environmental Engineer, Tamil Nadu Environment and Pollution Control, No.30 Kesari Street, Mathiyas Nagar, Nagercoil - 1, Kanyakumari District.

4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 20558 of 2015 02.03.2023 5/5