Viswanathan K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.33031 of 2025 K.Viswanathan ..Petitioner Vs 1 The District Collector Collectorate Complex, Thanjavur.

2 The District Environmental Enginee, Tamil Nadu Pollution Control Board, 23, Sidco Complex, Opp to Uzhavar Sandhai, Nanjikottai Road, Thanjavur-613 006.

3 The Block Development Officer Block Development Office, Kumbakonam Taluk, Thanjavur District.

4 The Health Inspector O/o the Health Inspector, Kumbakonam.

5 Sakthivel ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 1 and 3 to take immediate action to close down the 5th respondents Ground nut candy Cottage industry located in residential area in Door No.63, OVM Amsavalli Nagar, Perumbadi, Kumbakonam Taluk, Thanjavur District. 1/5

For Petitioner : Ms.V.Sundari For Respondents : Mrs.D.Farjana Ghoushia Spl. Govt. Pleader (for R1, R2 & R4) Mr.G.V.Vairam Santhosh (for R3)

ORDER

This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to take immediate action to close down the groundnut candy cottage industry run by the fifth respondent in Door No.63, OVM Amsavalli Nagar, Perumbadi, Kumbakonam Taluk, Thanjavur District, on the ground that it is being operated in a residential area.

2. Heard Ms.V.Sundari, learned counsel for the petitioner; Mrs.D.Farjana Ghoushia, learned Special Government Pleader appearing for respondents 1, 2 and 4; and Mr.G.V.Vairam Santhosh, learned counsel appearing for the third respondent. Records have been perused.

3. The learned counsel for the petitioner contended that the fifth respondent is running a cottage industry in the midst of a residential locality, causing nuisance and inconvenience to the residents, and hence immediate action is required to close down the unit. 2/5

4. The learned Special Government Pleader and the learned counsel for the third respondent submitted that the fifth respondent is operating the unit only after obtaining all requisite licences and permissions from the competent authorities.

5. Admittedly, the fifth respondent is running the unit with all requisite licences. If the petitioner is aggrieved by the grant of such licence or alleges any violation of licence conditions, the appropriate remedy is to challenge the issuance or continuance of the licence before the competent authority or by way of appropriate proceedings. In the absence of such a challenge, the relief sought in this writ petition cannot be granted.

6. Accordingly, this writ petition stands dismissed. No costs. 19.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1 The District Collector Collectorate Complex, Thanjavur.

2 The District Environmental Enginee, Tamil Nadu Pollution Control Board, 23, Sidco Complex, Opp to Uzhavar Sandhai, Nanjikottai Road, Thanjavur-613 006.

3 The Block Development Officer Block Development Office, Kumbakonam Taluk, Thanjavur District.

4 The Health Inspector O/o the Health Inspector, Kumbakonam.

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P.T.ASHA, J.

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