Madras High CourtWP(MD)/28718/2023dismissed as infructuous

Nesammal v. The District Collector

2024-03-20Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.24764 of 2023 Nesammal ... Petitioner vs.

1 The District Collector, Kanyakumari District, Collectorate at Nagercoil.

2 The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.318/46-A, Water Tank Road, Nagercoil, 3 The Deputy Director of Health Services, Krishnankoil Road, Mela Therukarai, Nagercoil - 629 001, 4 The Tahsildar Vilavancode Taluk, 5 The Executive Officer, Killiyoor Town Panchayat, Killiyoor Taluk, 6 The Inspector of Police, Pudukadai Police Station, 1/5

7 The Station Officer, Department of Fire and Rescue, Kulithurai, 8 V.Goshia 9 Franklin Kishore ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents 1 to 5 from permitting the respondents 8 and 9 from running the hallow Bricks Manufacturing Unit at Survey No.41/10 and 25 at Neduvilai Killiyoor Village Killiyoor Taluk, Kanyakumari District except under due process of law.

For Petitioner : Mr.V.Sasi Kumar, For R-1 & R-3 to R-5 & R-7 : Mr.N.Satheesh Kumar, Additional Government Pleader For R-6 : Mr.S.S.Madhavan, Government Advocate(Crl. Side) For R-8 : Mr.T.Selvakumaran

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, forbearing the respondents 1 to 5 from permitting the respondents 8 and 9 from running the Hallow Bricks Manufacturing Unit at Survey No.41/10 and 25 at Neduvilai Killiyoor Village, Killiyoor Taluk, Kanyakumari District except under due process of law. 2/5

2. When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for official respondents has produced a copy of the order passed by this Court, dated 22.01.2024, made in W.P(MD)No.1093 of 2024, wherein this Court confirmed the order passed by the Executive Officer cancelling the licence granted to the eighth respondent for running the Hallow Block Manufacturing Unit and dismissed the writ petition filed by the eighth respondent.

3. In view of the above, the prayer sought for by the petitioner in this writ petition has become infructuous. Hence, this writ petition stands dismissed as infructuous.

No Costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K.,J.] [R.V.,J.] 20.03.2024 NCC : Yes / No Index : Yes / No PM 3/5

To:

1 The District Collector, Kanyakumari District, Collectorate at Nagercoil. 2 The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.318/46-A, Water Tank Road, Nagercoil, Kanyakumari District.

3 The Deputy Director of Health Services, Krishnankoil Road, Mela Therukarai, Nagercoil - 629 001, 4 The Tahsildar, Vilavancode Taluk, 5 The Executive Officer, Killiyoor Town Panchayat, Killiyoor Taluk, Kanyakumari District.

6 The Inspector of Police, Pudukadai Police Station, Kanyakumari District. 7 The Station Officer, Department of Fire and Rescue, Kulithurai, Kanyakumari District.

4/5

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

PM ORDER MADE IN DATED :20.03.2024 5/5