Shahul Hameed v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.28346 of 2023 Shahul Hameed ... Petitioner v.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

3.The Commissioner, Panchayat Union, Thiruvadanai, Ramanathapuram District.

4.The Zonal Deputy Block Development Officer, Zone - II, Panchayat Union, Thiruvadanai, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to implement the order of the second respondent in his proceedings No.Ka.No.A2/413/2023 dated 27.04.2023 and consequently direct the third respondent to issue the renewal of factory license based on the petitioner's representation dated 02.06.2023.

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For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.S.Ra.Ramachandran Additional Government Pleader for R1 to R4

ORDER

Heard both sides.

2.The petitioner wants to run the petition mentioned factory. According to the petitioner, he has obtained clearance from Pollution Control Board. He seeks renewal of his factory license. The third respondent is the competent authority. Before the third respondent can renew the license, the inspection report of the fourth respondent will have to be placed before him. The grievance of the petitioner is that even though the second respondent had issued proceedings calling upon the fourth respondent to conduct inspection and file report, the fourth respondent has not done so. Hence this writ petition has been filed for implementing the order of the second respondent dated 27.04.2023.

3.The fourth respondent is subordinate to the second respondent. Unless the second respondent's order is inherently illegally, the subordinate official is bound to comply with the instructions and directions issued by the 2/4

superior. I direct the fourth respondent to conduct spot inspection forthwith and submit the report before the third respondent. This shall be done within a period of ten days from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. No costs. 01.12.2023 Index : Yes / No Internet : Yes/ No skm Note: Issue order copy on 05.12.2023.

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, Thiruvadanai Taluk, Ramanathapuram District.

3.The Commissioner, Panchayat Union, Thiruvadanai, Ramanathapuram District.

4.The Zonal Deputy Block Development Officer, Zone - II, Panchayat Union, Thiruvadanai, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

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