Gurunathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Gurunathan ... Petitioner -vs1.The District Collector Thanjavur District 2.The District Environment Engineer Tamil Nadu Pollution Control Board No.23, SIDCO Industrial Estate Thanjavur 3.The Commissioner Thanjavur Corporation Thanjavur 4.The Thasildar Thanjavur Taluk Thanjavur District 5.The Superintending Engineer Tamilnadu Electricity Board Thanjavur 6.Vaijeyanthi Mala ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the flour mill running by the sixth respondent in Door No.8, 12th Street, Anna Nagar, Bharma Colony, Thanjavur, based on the petitioner's representation dated 07.08.2023.

For Petitioner :

Mr.C.Ezhilarasu For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R4 Ms.Vijayakumar Natarajan for R2 Mr.N.Dilip Kumar for R3

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.C.Ezhilarasu, learned counsel for the petitioner, Mr.P.Thilakkumar, learned Government Pleader for the respondents 1 & 4, Ms.Vijayakumari Natarajan, learned counsel for the second respondent and Mr.N.Dilip Kumar, learned counsel for the third respondent.

2. The petitioner has filed this writ petition seeking a direction against the respondents 1 to 5 to remove the flour mill run by the sixth respondent. It is submitted that it is in the residential zone.

3. The particulars are not placed. Upon being asked as to whether the activities are not permissible in a residential zone, learned counsel for the petitioner submits that he would like to take instructions and would like to go through the statute and the regulations.

4. Public interest litigation cannot be entertained in a casual manner. The petitioner may, with all the particulars, if aggrieved, file a fresh writ petition.

5. The writ petition, accordingly, stands disposed of. No costs. [S.V.G., .C.J.] [L.V.G., J.] 01.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Thanjavur District.

2.The Thasildar, Thanjavur Taluk, Thanjavur District.

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

krk 01.12.2023