Raja .R v. The District Collector

O R D E R [Order of the Court was made by R.SUBRAMANIAN, J.] The petitioners seek a writ of mandamus forbearing the sixth respondent from establishing a Cement Blending Unit in Thennilai West Village, Pugalur Taluk, Karur District.

¶2It is the complaint of the petitioners that the sixth respondent has not obtained required permissions for establishing such Unit and such activity would result in violation and also affect the agricultural operations in and around the area.

¶3From the typed set of papers filed by the sixth respondent, we find that he has obtained no objection certificates from all the required authorities. Once no objection certificate and consent has been issued by the Authorities, including the Department of Public Health and Preventive Medicine, the petitioners cannot seek a mandamus. However, in the light of the claim made, the District Collector, Karur District / first respondent is required to ensure that the sixth respondent does not start operating the Unit, without appropriate licences.

¶4Accordingly, the writ petition is disposed of. No costs.

[R.S.M., J.] [L.V.G., J.]

21.06.2023 (2/2) NCC : Index : Internet :

krk To:

1.The District Collector, Karur District.

2.The Block Development Officer, K.Paramathy, Pugalur Taluk, Karur District.

3.The President, The Panchayat Union of Thennilai Melpagam, Pugalur Taluk, Karur District. R.SUBRAMANIAN , J . and L.VICTORIA GOWRI , J . krk

21.06.2023 (2/2)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.R.Raja 2.K.Parthiban 3.P.Ramalingam 4.N.Chinnasamy 5.N.Thangavel 6.R.Nachimuthu 7.A.P.Duraisamy 8.K.Rajamani ... Petitioners -vs- 1.The District Collector Karur District 2.The District Environmental Engineer Tamil Nadu Pollution Control Board No.26, Ramakrishnapuram (West) Karur-639 001 3.The Block Development Officer K.Paramathy Pugalur Taluk, Karur District 4.The President The Panchayat Union of Thennilai Melpagam Pugalur Taluk Karur District 5.The Executive Engineer TANGEDCO (Operations and Maintenance) Gramiyam Karur District 6.A.Chandrakumar Managing Partner Sathya Cements SF No.443, Thennilai West Village Pugalur Taluk, Karur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 3 and 4, namely, the Block Development Officer, K.Paramathy, Karur District and the President, Panchayat Union of Thennilai Melpagam to pass order to stop the illegal construction of Cement Factory by the sixth respondent herein in SF No.443, Thennilai West Village, Pugalur Taluk, Karur District and further direct the first respondent, namely, the District Collector, Karur District, to monitor the same. For Petitioners : Mr.N.Sudhagar Nagaraj For Respondents : Mr.P.Thilakkumar Government Pleader for R1, R3 & R4 Ms.Vijayakumari Natarajan for R2 Mr.S.Deenadhayalan for R5 Mr.K.Mahendran for R6