Madras High CourtWP(MD)/30998/2024disposed of

Mariya Selvi v. The District Collector

2024-12-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Mariya Selvi ... Petitioner /Vs./

1. The District Collector, Kanyakfumari District, Kanyakumari.

2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kanyakumari.

3. The Executive Officer, Thingal Nagar Town Panchayat, Thingal Nagar, Kanyakumari

4. Jegadeesan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to initiate action against the 4th respondent, who is causing air and noise pollution and running a commercial workshop in a residential area without any license NOC and not acting in accordance with the Tamil Nadu Public 1/4

Health Act Within a time fixed by this Court, by considering the petitioner representation dated 03.09.2024.

For Petitioner : Mr.A.Arun Ramnath For Respondents : Mr.D.Gandhiraj (R1) Special Government Pleader

ORDER

This writ petition has been filed to direct the respondents 1 to 3 to initiate action against the 4th respondent, causing air and noise pollution by running a commercial workshop in a residential area, not in accordance with the Tamil Nadu Public Health Act, without even issuance of any licence and NOC, by considering the petitioner's representation dated 03.09.2024.

2. Considering the nature of the order going to be passed in this writ petition, notice to the respondents 2 to 4 is dispensed with. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3. Without expressing any opinion on merits of the writ petition, the second respondent is directed to consider the representation made by the petitioner dated 03.09.2024, after affording an opportunity of hearing to the petitioner and the fourth respondent, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

20.12.2024 Index : Yes / No NCC : Yes / No Sm TO:-

1. The District Collector, Kanyakfumari District, Kanyakumari.

2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kanyakumari.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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