K.Murugesan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.19845 of 2018 K.Murugan ... Petitioner -vs1.The District Collector Madurai District, Madurai 2.The Joint Chief Environmental Engineer Tamil Nadu Pollution Control Road SIDCO Industrial Estate Kappalur, Thirumangalam Taluk Madurai-08 3.The Block Development Officer T.Kallupatti Union Office T.Kallupatti ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents No.1 to 3 to take action to remove all the brick chambers which have been functioning illegally in S.Nos.211 &

223 in Chinnapoolanpatti Revenue village, Peraiyur Taluk, Madurai District and to make ensure the safety and healthy life of the people by considering the petitioner's representation dated 26.09.2018. For Petitioner :

Mr.G.R.Satish For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 Ms.Vijayalakshmi Natarajan for R2 Mr.Aayiram K.Selvakumar for R3

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 to take action for removal of the brick chambers, which are functioning illegally, in S.Nos.211 & 223 of Chinnapoolanpatti Revenue Village, Peraiyur Taluk, Madurai District and to ensure the safety and healthy life of the people in that area, by considering the petitioner's representation dated 26.09.2018.

2. The grievance of the petitioner is that though he made a representation to the respondents ventilating the above grievance as early as on 26.09.2018, till date no action has been taken by the respondents.

3. The learned Special Government Pleader appearing for the first respondent submitted that, if a direction is given to the respondents, they will consider the petitioner's representation, within the stipulated time.

4. In view of the above submissions, without going into the merits of the claim made by the petitioner, the respondents are directed to consider the petitioner' representation dated 26.09.2018 and pass appropriate orders, on merits and in accordance with law, after giving due notice to all the parties concerned, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this order should not be construed as giving any positive direction to the respondents, who should pass orders depending upon the facts and circumstances of the case.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] 19.09.2022 Index :

Yes / No Internet :

Yes / No krk

To:

The District Collector, Madurai District, Madurai.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.19845 of 2018 19.09.2022