Petition challenged proposed building plan approval for an Ice Plant in a residential and Coastal Regulation Zone area. The Court dismissed the writ as building plan approval was already granted, offering liberty to pursue other remedies.
No relief granted as the sought action (forbidding approval) could not be enforced once approval was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.11271 of 2018 W.M.P.(MD) No.10294 of 2018
C.Jose ... Petitioner
-vs-
1.The District Collector, Kanyakumari District, Collectorate, Nagercoil. 2.The District Environmental Engineer, Pollution Control Board, No.49, Ambrose Street, Nagercoil, Kanyakumari District - 629 001. 3.The Block Development Officer (Village Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District. 4.The Special Officer, Vavarai Village Panchayat, Munchirai Panchayat Union, Kanyakumari District. 5.M/s.EL SHADAI ICE PLANT, Represented by its Managing Partners, Mr.D.Cleetus and Tmt.Judi Cleetus, St.Agathammal Kurusadi, Opp. to Old Ice Plant, Thoothur Village, Vilavancode Taluk, Kanyakumari District - 629 154. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the https://hcservices.ecourts.gov.in/hcservices/ Respondents 1 to 4 from granting building plan approval to the 5th Respondent to construct the Ice Plant industry in the residential and Coastal Regulation Zone, in Pallikkal, Vavarai Village
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Panchayat, Munchirai Panchayat Union, Vilavancode Taluk, Kanyakumari District, for the benefit of people in the coastal areas of the Kanyakumari District.
For Petitioner : Mr.M.Saravanakumar For Respondents 1 to 4 : Mr.D.Muruganantham Additional Government Pleader For 5th Respondent : Mr.J.Ponram Kumar
O R D E R
(Order of the Court was made by M.M.SUNDRESH, J.)
This Writ Petition has been filed, seeking to forbearing the Respondents 1 to 4 from granting building plan approval to the 5th Respondent to construct the Ice Plant industry in the residential and Coastal Regulation Zone, in Pallikkal, Vavarai Village Panchayat, Munchirai Panchayat Union, Vilavancode Taluk, Kanyakumari District, for the benefit of people in the coastal areas of the Kanyakumari District.
2.It is not in dispute that building plan approval has already been granted. In view of the same, nothing survives for adjudication in this writ petition. Hence, the Writ Petition stands dismissed. However, liberty is given to the petitioner to work out his remedy, if so advised, in the manner known to law, which includes filing of appropriate writ petition. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/-
Assistant Registrar (CS-III)
/True Copy/
Sub Assistant Registrar (CS-IV)
To
Kanyakumari District - 629 001. https://hcservices.ecourts.gov.in/hcservices/
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3.The Block Development Officer (Village Panchayats), Munchirai Panchayat Union, Puthukadai Post, Kanyakumari District.
SJ
TE/SKN/SAR-4 : 12/11/2018 : 3P/8C
W.P.(MD) No.11271 of 2018 W.M.P.(MD) No.10294 of 2018 29.10.2018
C.Jose
The District Collector, Kanyakumari District
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
