Kannan.B v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.18861, 18863 & 21484 of 2023 & 17562 of 2024 B.Kannan ... Petitioner Vs 1.The Chief Engineer, State Ground & Surface Water Resources Data Centre, WRD, Tharamani, Chennai 113.

2.The District Collector, Madurai District, 3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kappalur, 4.The Executive Engineer, Ground Water Division, Water Resources Department, 5.The Block Development Officer, (Village Panchayats), Kallikudi Panchayat Union, 1/6

6.The Revenue Divisional Officer, Thirumangalam, 7.The Tahsildar, Kallikudi Taluk, 8.The Revenue Inspector, Kallikudi, 9.The Assistant Engineer, The Tamil Nadu Generation of Electricity and Distribution Corporation Limited, Kallikudi, Kallikudi Taluk, 10.The Inspector of Police, Kallikudi Police Station, 11.M/s.Om Saravana Saduragiri, Saaral, 1/252, North Road, Avalsooran Patti Village, Kallikudi Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records of the first respondent in his proceedings in Lr.No.DD(G)/OT 10/G-6/579/Renewal NOC/Madurai/2023/dated 28.07.2023 and quash the same as illegal, arbitrary and violation of law. 2/6

For Petitioner : Mr.M.Jothi Basu For R - 1 : Mrs.Vijayalaskhmi Natarajan For RR 1, 2, 4 to 8 : Mr.D.Gandhi Raj Special Government Pleader For R - 10 : Mrs.M.Aasha Government Advocate (Criminal Side) For R - 11 : Mr.S.Vellaichamy

ORDER

This Writ Petition has been filed challenging the order passed by the first respondent dated 28.07.2023. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.On perusal of records would reveal that the period of licence itself now expired and nothing survives for further adjudication in this Writ Petition. However, now, respondent No.11 applied for renewal of licence and it is pending on the file of the first respondent.

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4.In view of the above, the petitioner is at liberty to raise objection before the first respondent. If any objection received from the writ petitioner, the first respondent is directed to conduct enquiry, after issuing notice to the respondent No.11 and the petitioner and after affording due opportunity of hearing to the parties concerned and pass orders on the application of licence, within a period of two weeks from the date of the objection received from the petitioner.

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

18.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Chief Engineer, State Ground & Surface Water Resources Data Centre, WRD, Tharamani, Chennai 113.

2.The District Collector, Madurai District, 4/6

3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kappalur, 4.The Executive Engineer, Ground Water Division, Water Resources Department, 5.The Block Development Officer, (Village Panchayats), Kallikudi Panchayat Union, 6.The Revenue Divisional Officer, Thirumangalam, 7.The Tahsildar, Kallikudi Taluk, 8.The Revenue Inspector, Kallikudi, 9.The Assistant Engineer, The Tamil Nadu Generation of Electricity and Distribution Corporation Limited, Kallikudi, Kallikudi Taluk, 10.The Inspector of Police, Kallikudi Police Station, 5/6

G.K.ILANTHIRAIYAN, J.

ps Order made in 18.11.2024 6/6