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Madras High CourtWP(MD)/4640/2017closed

Morais City Welfare v. The District Collector

2022-09-20Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.3721 of 2017 Morais City Welfare Association Rep. by its President, R.Kalyanasundaram Morais City, Airport Post Tiruchirapalli District - 620 007 ... Petitioner -vs1.The District Collector Tiruchirapalli District 2.The Commissioner Tiruchirapalli Corporation Tiruchirapalli District 3.R.Mohan Trichy Prime Tannery 248, Pudukottai Road Sembattu Tiruchirapalli District - 620 007

4.N.Mohamed Mian Rowther Co. Pvt Ltd.

206, Pudukottai Road Sembattu Tiruchirapalli District - 620 007 5.Selathaar Tannery 202, Pudukottai Road Sembattu Tiruchirapalli District - 620 007 6.Dr.M.A.Ansar MKM Tanners 205, Pudukottai Road Sembattu Tiruchirapalli District - 620 007 7.V.Harris Rasheeda Prime Tannery 206A, Pudukottai Road Sembattu Tiruchirapalli District - 620 007 8.A.Sajith Jerahim Bestan Leather Company MKM Tannery 203, Pudukottai Road Sembattu Tiruchirapalli District - 620 007 9.Abdul Jabbar KMM Tannery 251, Pudukottai Road Sembattu Tiruchirapalli District - 620 007 10.V.M.Tanning Company 116, VMT Road, Kamaraj Nagar Airport, Tiruchirapalli District-620 007

11.Principal Secretary to the Government of Tamil Nadu Tamil Nadu Pollution Control Board 76, Mount Salai Guindy, Chennai-600 032 ... Respondents [R11 is impleaded vide Court order dated 21.06.2017 in W.M.P.(MD) No.6652 of 2017] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to take action under Section 133 of Criminal Procedure Code, against the respondents 3 to 10 operating in Kottapattu Village, Ward No.37, Tiruchirappalli Corporation and close their operations, within a time stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 Mr.R.Baskaran Standing Counsel for R2 Mr.F.Deepak for R3, R4, R7 to R10 Mr.V.Nagenthiran for R5 No appearance for R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1, 2 and 11 to take action, under Section 133 of of the Code of Criminal Procedure, 1973, against the respondents 3 to 10 for running leather tannery units in Kottapattu Village, Ward No.37, Tiruchirappalli Corporation illegally and to close the same, within a time stipulated by this Court.

2. Today, when the matter was taken up for hearing, the learned Standing Counsel appearing for the second respondent - Corporation submitted that on spot inspection by the Corporation officials, it was found that the above tannery units / respondents 3 to 10 were found to be inoperative and the electricity service connection of those units were also disconnected on different dates and to that effect, he has also filed a status report, dated 14.09.2022 before this Court.

3. Recording the above submission of the learned Standing Counsel for the second respondent - Corporation and the status report dated

14.09.2022, the writ petition is closed. Needless to state that the second respondent - Corporation is directed to ensure that such illegal tannery units are not permitted to be functioned in future. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 20.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Tiruchirapalli District.

2.The Commissioner, Tiruchirapalli Corporation, Tiruchirapalli District.

3.Principal Secretary to the Government of Tamil Nadu, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai-600 032.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.3721 of 2017 20.09.2022