Madras High CourtWP(MD)/23356/2022dismissed as infructuous

Lazar. N v. The Member Secretary

2024-02-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.23356 of 2022 N.Lazar ... Petitioner Vs.

1.The Member Secretary, Tamilnadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai - 600 032.

2.The District Environment Engineer, Tamilnadu Pollution Control Board, Nagarcoil, Kanyakumari District.

3.The District Collector, Kanyakumari District.

4.The Thasildar, Vilvancode, Kuzhithurai, Kanyakumari District. ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to issue directions to the third respondent to de-seal the factory unit on the basis of the communication sent by the second respondent in Letter No.F.Tech-105(c)/W.P.No.24446 of 2018, dated 28.04.2022.

For Petitioner :Mr.M.S.Senthil Kumar For R-1 & R-2 :Mrs.Vijayakumari Natarajan For R-3 & R-4 :Mr.S.P.Maharajan, Special Government Pleader

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the first respondent to issue directions to the third respondent to de-seal the factory unit on the basis of the communication sent by the second respondent in Letter No.F.Tech-105(c)/W.P(MD)No.24446 of 2018, dated 28.04.2022.

2. When the matter is taken up for hearing today, the learned Special Government Pleader, has produced the written instructions received from the Tahsildar, Vilavancode, wherein it has been stated that the Factory Unit in question was de-sealed and the petitioner has removed all the materials from the place in question and now, the said place is used for cultivating plantain crops.

3. In view of the above, nothing survives for adjudication in this writ petition. Hence, this writ petition is dismissed as infructuous. No Costs. [D.K.K., J.] [R.V., J.] 28.02.2024 Index :

Yes / No PM

To:

1.The Member Secretary, Tamilnadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai - 600 032. 2.The District Environment Engineer, Tamilnadu Pollution Control Board, Nagarcoil, Kanyakumari District.

3.The District Collector, Kanyakumari District.

4.The Thasildar, Vilvancode, Kuzhithurai, Kanyakumari District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.23356 of 2022 28.02.2024