Mohammed Ibrahim v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025
CORAM:
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.5113 of 2025 and W.M.P(MD)No.3709 of 2025 Mohammed Ibrahim ... Petitioner -vs1. The District Collector, Theni District.
2. The Deputy Director of Industrial Safety, No.442-C/w, 2nd Floor, Nehruji Street, Periyakulam, Theni District.
3. The District Environment Engineer, Tamil Nadu Pollution Control Board, Theni District.
4. S.P.Palpandi 1/4
5. The Assistant Director, Mines and Minerals Department, Dindigul District.
(R5 is suo motu impleaded as 5th respondent vide court order dated 26.02.2025 in WP(MD)No.5113/2025 by JNBJ and SSYJ) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to take appropriate action for closing the stone crusher unit installed by the 4th respondent, in the land in S.No.2671/4B, 2671/4C, 2672/1C and 2672/2 in Genguvaipatti 2nd Bit Village, Periyakulam Taluk, Theni District, in the midst of the agricultural lands and the village roads belongs to the State Highway, by considering my representation dated 24.10.2024 For Petitioner : Mr.R.Suriya Narayanan For R1, R2 & R5 : Mr.P.Thilak Kumar Government Pleader For R3 : Mrs.Madhuri Donti Reddy Standing Counsel
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been initiated to direct the respondents 1 to 3 to take appropriate action for closing the stone crusher unit installed by the 4th respondent, in the land in S.No.2671/4B, 2671/4C, 2672/1C and 2672/2 in Genguvaipatti 2nd Bit Village, Periyakulam Taluk, Theni District, in the midst of the agricultural lands and the village roads belongs to the State Highway, by considering my representation dated 24.10.2024 . 2/4
2. The District Environmental Engineer filed a counter affidavit stating that no NOC (No Objection Certificate) was issued in favour of the 4th respondent for running stone crushing unit. The application submitted by the 4th respondent had not returned by the competent authorities, therefore the 4th respondent cannot run stone crushing unit. As of now, it is made clear that without getting due NOC (No Objection Certificate) and completing all the required formalities, stone crushing units cannot be allowed to function. It is needless to state that all the criteria including the distance criteria as per the guidelines are to be followed scrupulously.
3. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) (A.D.M.C., J.) 10.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
S.M.SUBRAMANIAM, J.
and A.D.MARIA CLETE, J.
rgm To
1. The District Collector, Theni District.
2. The Deputy Director of Industrial Safety, No.442-C/w, 2nd Floor, Nehruji Street, Periyakulam, Theni District.
3. The District Environment Engineer, Tamil Nadu Pollution Control Board, Theni District.
4. The Assistant Director, Mines and Minerals Department, Dindigul District.
(R5 is suo motu impleaded as 5th respondent vide court order dated 26.02.2025 in WP(MD)No.5113/2025 by JNBJ and SSYJ) W.P(MD).No.5113 of 2025 and W.M.P(MD)No.3709 of 2025 10.07.2025 4/4