Madras High CourtWP(MD)/24533/2018disposed of

Mathiyalagan, v. The District Collector,

2024-02-29Honourable The Chief Justice,Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/02/2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE P.DHANABAL Mathiyalagan ... Petitioner v.

1. The District Collector,, Pudukkottai District Pudukkottai..

2. The Tamil Nadu Pollution, Control Board, No.76, Anna Salai, Guindy, Chennai..

3. The District Environmental, Engineer, Tamil Nadu Pollution Control Board, Sipcot Factory Campus, Sipcot Post, Pudukkottai.

4. The Assistant Director,, Mines Department, District Collector Office Campus, Pudukkottai.

1/5

5. Punitha Arocia Annai Crusher, @, R.R.Crusher, Rep. by its Owner, R.R.Rasu, Valayanvayal Village, Thoolayanoor Panchayat, Tirumayam Taluk, Pudukkottai District.

... Respondents PRAYER :-Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to take immediate steps for close and sealing the 5th respondent's quarry situated at Sandhana Viduthi village, Thoolayanoor Panchayat, Thirumayam Taluk, Pudukkottai Dist, by consider the representation dated 27.08.2018.

For Petitioner : M/s.Veera Manikandan For Respondent : Mr.T.Amjad Khan for R1 to R4 Government Advocate Mrs.Vijayakumari Natarajan for R2 & R3 No appearance for R5

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] Heard the learned counsel for the petitioner, learned Government Advocate for the respondents 1 to 4 and learned counsel for the respondents 2 and 3.

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2.The petitioner seeks direction against the authorities to seal the 5th respondent quarry situated at Sandhana Viduthi Village, Thoolayanoor Panchayat, Thirumayam Taluk, Pudukkottai District. 3.The learned Advocate for the Pollution Control Board submits that when the inspection was made, it is observed that respondent No.5 have taken all measures and now consent to operate has been renewed upto the year 2026.

4. In light of that, as consent to operate has already been issued, prohibitory orders cannot be passed against the respondent No.5 as sought for by the petitioner.

5. The learned counsel for the petitioner submits that there are additional grounds raised in the additional affidavit. The water course has been blocked. In that case, the petitioner shall approach the appropriate authority. In case, the petitioner files a representation in that regard, the authority may consider the said representation on its own merits.

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6. The Writ Petition accordingly stands disposed of. However, there shall be no order as to costs. [S.V.G., CJ.] [P.D.B., J.] 29.02.2024 NCC :

Yes/No Index :

Yes/No RR TO

1. The District Collector,, Pudukkottai District Pudukkottai..

2. The Tamil Nadu Pollution, Control Board, No.76, Anna Salai, Guindy, Chennai..

3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Sipcot Factory Campus, Sipcot Post, Pudukkottai..

4. The Assistant Director,, Mines Department, District Collector Office Campus, Pudukkottai..

4/5

THE HON'BLE THE CHIEF JUSTICE and P.DHANABAL, J.

RR W.P.(MD)No.24533 of 2018 29.02.2024 5/5