Disposed

R.Murugesan v. The District Collector

Madras HC25 Nov 2021WP/25144/2021

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition seeking a writ of mandamus to shut down crusher mines alleged to be operating without proper licenses, fencing, and pollution control devices. The Court directed the senior officials to consider the complaints and pass appropriate orders within 12 weeks after hearing all parties.

What did the court decide?

Petitioner's complaint considered and appropriate orders to be passed by respondents 1 to 3 within 12 weeks of receipt of the order.

R.Murugesan Vs The District Collector — Environment and Pollution | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.11.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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W.P.No. 25144 of 2021 and W.M.P.Nos.26514 and 26515 of 2021

R.Murugesan

...Petitioner

-Vs-

The District Collector Collectorate, Tirupur Distirct, Tirupur. 2. The Deputy Director, Mines and Mineral Department, Collector office, Tirupur. 3. The Deputy Director, TNPCB, Kumaran Complex, Tirupur. 4. The Sub-Collector, Dharapuram. 5. The Tashildar, Kangayam Taluk office, Kangayam, Tirupur Distirct. 6. The president, Velappanaickenvalasu Panchayat, Senapathipalayam Village, Senapathipalayam, Vellakoil Via 638 111, Kangayam Taluk, Tirupur Distirct. 7. Sri Nidhi Metals and Minerals, S.F No. 736, Senapathipalayam Village, Velappa Naicken Valasu Post, Vellakoil Via 638 111, Kangayam Taluk, Tiruppur Distirct.

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

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Erode Mines, S.F. No. 722, enapathipalayam Village, Velappa Naicken Valasu Post, Vellakoil Via 638 111, Kangayam Taluk, Tirupur Distirct

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R. Manokaran

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.. Respondents

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Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other writ, directing the 1st and 2nd Respondent to take action against the 7th and 8th and 9th Respondent to shut down the crusher mines as not complied with the conditions as per the memo dated 19.04.2021 issued by the 1st Respondent herein.

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For Respondents : Mr. M.R.Gokul Krishnan Government Advocate for R1 to R5

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Mr. A.Selvendran Senior Government Pleader for R6

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O R D E R

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The petitioner has filed this writ petition seeking for the issuance of Writ of Mandamus directing the 1st and 2nd Respondent to take action against the 7th and 8th and 9th Respondent to shut down the crusher mines as not complied with the conditions as per the memo dated 19.04.2021 issued by the 1st Respondent herein.

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Since no adverse order is being passed against the respondent, notice on respondents 7 to 9 is dispensed with.

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The case of the petitioner is that the petitioner is having a residential and agricultural land within 300 meters from the crusher mine owned by the 7^th , 8th and 9th respondents. The petitioner's nephew, one Prabhukumar, has approached the 1st to 6th respondents and submitted petitions to close the crusher mines of the private respondents situated in Agricultural and PAP Canal irrigation lands which was affecting the trees, temples and residential houses situated within 500 meters from the above said mine, but there was no response.

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It is further submitted that the crusher mine was built

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

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without proper compound wall and no pollution control devices have been found as per TNPCB inspection report dated 19.02.2021 and without NOC being obtained from the competent authorities, they have obtained the original license and even renewing the same easily and also have obtained false inspection reports as original license obtained by the previous license holder "Shree Nithi Stone and Metal". Also the 1st respondent issued a memo dated 19.04.2021 to the 2^nd and 5^th to see to it that 7^th , 8^th and 9^th respondent put fencing in the approved area but the same was ignored by the respondents. Hence, this Writ petition.

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The learned counsel appearing for the petitioner submitted that the 7th, 8th and 9th respondents are running the Crusher mine without obtaining PCB license from the TNPCB and no safety device has been installed as per the law to avoid pollution and also they have not erected proper fencing. Hence, he submitted that this Court issues direction to the respondents 1-3 to take appropriate action to shut down the Crusher mine running without complying the conditions as per the Memo dated 19.04.2021, by considering the representation submitted by the petitioner.

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The learned counsel appearing for the respondents 1 to 6 has no serious objection for the prayer sought for by the petitioner and further submitted that the petitioner's complaint will be considered and appropriate orders will be passed within the time stipulated by this Court.

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In view of the above submissions, this Court without going into the merits of the issue directs the respondents 1 to 3 to consider the petitioner's complaint and pass appropriate orders thereon in accordance with law after hearing the petitioner as well as respondents 7 to 9 and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

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Accordingly, this Writ petition is disposed of. No costs.

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Sd/Assistant Registrar(CS-VII)

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//True Copy//

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Sub Assistant Registrar

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sha/skt

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

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1.	The District Collector
	Collectorate, Tirupur Distirct, Tirupur.
2.	The Deputy Director, Mines and Mineral Department, Collector office, Tirupur.
3.	The Deputy Director, TNPCB, Kumaran Complex, Tirupur.
4.	The Sub-Collector, Dharapuram.
5.	The Tashildar, Kangayam Taluk office, Kangayam, Tirupur Distirct.
6.	The president, Velappanaickenvalasu Panchayat, Senapathipalayam Village, Senapathipalayam, Vellakoil Via 638 111, Kangayam Taluk, Tirupur Distirct.
+1cc	to M/s.S.Vennila, Advocate, S.R.No.61218
+1cc	to the Government Pleader, S.R.No.61467
	W.P.No. 25144 of 2021 and W.M.P.Nos.26514 and 26515 of 2021
NMI(	CO)
SU(2	2/12/2021)

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

R.Murugesan v. The District Collector

Case brief

What is this about?

What did the court decide?

R.Murugesan v. The District Collector

Case brief

What is this about?

What did the court decide?

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Statutes considered

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