Dismissed

A.Manickavasagam, v. the District Collector

Madras HC9 Mar 2017WP(MD)/23846/2016

Case brief

AI extract

What is this about?

The Madurai Bench dismissed the writ petition as the relief sought became infructuous since the sixth respondent had already removed the machinery. The court directed the Collector to act on the petitioner's representation regarding alleged illegal construction.

What did the court decide?

The petition was dismissed without cost. The District Collector (Respondent 2) was directed to look into the representation regarding alleged illegal construction and take appropriate action.

A.Manickavasagam, Vs the District Collector — Environment and Pollution | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.03.2017

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CORAM

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THE HON'BLE MR.JUSTICE A.SELVAM and

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THE HON'BLE MR.JUSTICE N.AUTHINATHAN

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W.P(MD) No.23846 of 2016

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and

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WMP(MD)Mo.17169 and 17170 of 2016

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A.Manickavasagam ... Petitioner

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-vs-

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The District Collector, Madurai District, Madurai-625 020.

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The Commissioner, Madurai Municipal Corporation, Aringnar Anna Maaligai, Thallakulam, Madurai – 625 002.

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The Member Secretary, Madurai Local Planning Authority, Aringnar Anna Maaligai, 3^rd floor,

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Thallakulam, Madurai – 625 002.

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The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kappalur Industrial Estate, Madurai – 625 008.

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The Superintending Engineer, Distribution Circle, Tamil Nadu Electricity Board, K.Pudur, Madurai – 625 007.

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K.Subramani

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... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 5 to take necessary action against the 6th respondent for the establishment of a Ind Plastic unit in Plot No.179, 1st New Street, Tagore Nagar, Thiruppalai, Madurai - 14 by considering the petitioner's representation dated 25.10.2016.

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For Petitioner : Mr.G.Prabhu Rajadurai For RR – 1, 3 & 4 : Mr.M.Govindan Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For R – 2 : Mr.R.Murali For R – 6 : Mr.T.Lajapathi Roy

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O R D E R

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[Order of the Court was made by A.SELVAM, J. ]

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This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 5 to take appropriate action against the sixth respondent from establishing a plastic unit in Plot No.179, 1^st New Street, Tagore Nagar, Thiruppalai, Madurai by way of issuing a Writ of Mandamus.

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2.The learned counsel appearing for the sixth respondent has represented to the effect that all the machineries put up by the sixth respondent have already been removed.

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3.The learned Standing Counsel appearing for the second respondent has also vouchsafed the same.

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4.Considering the aforesaid factual circumstances and also considering the fact that the sixth respondent has already removed all the machineries from the place mentioned in the petition, the relief sought in the Writ Petition has become infructuous.

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5.In fine, this Writ Petition is dismissed without cost. However, the second respondent is directed to look into the representation alleged to have been given by the petitioner on 25.10.2016 with regard to alleged illegal construction and take appropriate action. Consequently, WMP(MD)Nos.17169 and 17170 of 2016 are closed.

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Sd/-

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Assistant Registrar(CS-III)

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/TRUE COPY/

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Sub Assistant Registrar

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The District Collector, Madurai District, Madurai-625 020.

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The Member Secretary, Madurai Local Planning Authority, Aringnar Anna Maaligai, 3^rd floor, Thallakulam, Madurai – 625 002.

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The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kappalur Industrial Estate, Madurai – 625 008.

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+1 cc to MR.G.Prabhu Rajadurai, ADVOCATE, SR NO: 13694 +1 cc to MR.T.Lajapathi Roy, ADVOCATE, SR NO: 13639 +1 cc to MR.R.Murali, ADVOCATE, SR NO: 14209

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W.P(MD) No.23846 of 2016 09.03.2017

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https://hcservices.ecourts.gov.in/hcservices/ mj

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https://hcservices.ecourts.gov.in/hcservices/ mj MS-MR/16.3.2017/2P-7C

A.Manickavasagam, v. the District Collector

Case brief

What is this about?

What did the court decide?

A.Manickavasagam, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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