M/S.Sri Jaya Vinayaga Tyres v. The Tamil Nadu Pollution Control Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.P(MD)No.31222 of 2024 M/s. Sri Jaya Vinayaga Tyres, Rep. By its Prop. Vijaiyan, No.2/2005, Madurai-Thoothukudi NH, Gandhi Nagar, ... Petitioner vs 1.The Tamil Nadu Pollution Control Board, Rep. By its Chairperson, No.76, Mount Road, Gundiy, Chennai.

2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.23, Master Plan Area, Sathur Road, Collector Office Complex, Virudhunagar, Virudhunagar District.

3.The Superintending Engineer, TANGEDCO, 65/1, Ramamoorthy Road, Virudhunagar, Virudhunagar District.

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4.The Junior/R, Aruppukottai, O/o. Assistant Engineer, Distribution, TNEB, Rural, Aruppukottai, 5.The President,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the fifth respondent to issue receipt for license for running industries and factories to my unit on payment of necessary fees based on his representation, dated 27.09.2024. For Petitioner : Mr.B.Muneeswaran For Respondents : Mr.S.Deenadhayalan Standing Counsel for R3 Mr.B.Saravanan for R5 *****

ORDER

This Writ Petition has been filed for issuing a Writ of Mandamus to direct the fifth respondent to issue a license for running industries and factories to the petitioner's unit on payment of necessary fees based on his representation, dated 27.09.2024.

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2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.Though the Writ Petition is filed for issuance of a Writ of Mandamus to give a positive direction to the respondents, the learned Counsel for the petitioner would submit that the petitioner would be satisfied, if a direction is issued to the fifth respondent to consider the representation of the petitioner and pass appropriate order within a time stipulated by this Court.

4.Having regard to the limited scope of prayer, that is now sought before this Court by the learned Counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court directs the fifth respondent to hold an enquiry with regard to the grant of license in favour of the petitioner and the rival claimants/private individuals, based on the petitioner's representation, dated 27.09.2024 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 3/5

5.With the above directions, the Writ Petition is disposed of. No costs. 20.12.2024 Internet :Yes/No Index :Yes/No NCC :Yes/No sji To The President, 4/5

N.SENTHILKUMAR, J.

sji Order made in W.P(MD)No.31222 of 2024 20.12.2024 5/5