Disposed

Murugesan.R v. the District Collector

Madras HC6 Nov 2023WP(MD)/13391/2021

Case brief

AI extract

What is this about?

A writ petition seeking a mandamus to direct the Madurai Corporation to stop pollution caused by an unlicensed factory was disposed of on merits. The Court directed the third respondent to respond within four weeks.

What did the court decide?

The petitioner's prayer for direction against the second respondent was rejected, but the third respondent was directed to respond with an action-taken report within four weeks.

Murugesan.R Vs the District Collector — Environment and Pollution | Madras HC (2023)

¶1

W.P.(MD)No.13391 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 06.11.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

¶6

W.P.(MD)No.13391 of 2021

R.Murugesan

... Petitioner

vs.

1.The District Collector, Madurai District, Madurai.

¶11

2.The Commissioner, Madurai Corporation, Arignar Anna Maigai, Madurai.

¶12

3.The Health Officer,

¶13

Madurai Corporation, Arignar Anna Maligai, Madurai.

¶14

4.The District Environment Engineer, Tamil Nadu Pollution Control Board, Kappalur, Madurai- 625 008

¶15

5.Jeyamuthu ... Respondents

¶16

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2^nd Respondent to take action to stop the Pollution being caused by the 5^th Respondent in the light of the 3^rd respondent’s order dated 31.08.2020.

¶17

https://www.mhc.tn.gov.in/judis

¶18

1/5

¶19

W.P.(MD)No.13391 of 2021

¶20

For Petitioner	:Mr.V.Santhakumaresan
For R1	:Mr.A.K.Manikkam Special Government Pleader
For R2 and R3	:Mr.K.Sivabalan
For R4	:Ms.Vijayakumari Natarajan
For R5	:Mr.S.Muniyandi *****

¶21

O R D E R

¶22

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the second respondent, namely, the Madurai Corporation to take action against the fifth respondent based on the report submitted by the Pollution Control Board through proceedings dated 31.08.2020.

¶23

2.The learned Counsel for the petitioner submitted that he has already returned the bundle to the petitioner and has also given change of vakalat.

¶24

3.The case of the petitioner is that the fifth respondent was manufacturing plastic materials by running a factory without any licence and has also causing pollution to the locality. A complaint was made in this regard to the Pollution Control Board and the third respondent

¶25

2/5

¶26

https://www.mhc.tn.gov.in/judis

¶27

W.P.(MD)No.13391 of 2021

¶28

through proceedings dated 31.08.2020, found that the fifth respondent was causing pollution and doing manufacturing activity without getting any permission and therefore, their licence itself was withdrawn by the Pollution Control Board. In spite of the same, the fifth respondent was continuing to undertake the manufacturing activity. Hence, the petitioner made a representation in this regard to the Corporation to stop the illegal activity of the fifth respondent. Since the same was not considered, the present Writ Petition has been filed before this Court.

¶29

4.When the matter was taken up for hearing, the learned Standing Counsel appearing on behalf of the Madurai Corporation submitted that pursuant to the filing of the above Writ Petition, an inspection was conducted by the officials of the Madurai Corporation and that a response will be sent to the petitioner in this regard within a time frame fixed by this Court.

¶30

5.Taking into consideration the facts and circumstances of the case and the proceedings of the third respondent dated 31.08.2020 and also the submission made by the learned Standing Counsel for the Madurai

¶31

3/5

¶32

https://www.mhc.tn.gov.in/judis

¶33

W.P.(MD)No.13391 of 2021

¶34

Corporation, there shall be a direction to the third respondent to respond to the petitioner on the action taken within a period of four weeks from the date of receipt of a copy of this order.

¶35

6.This Writ Petition is disposed of with the above directions. No

¶36

costs.

¶37

Index :Yes / No 06.11.2023 Internet :Yes / No NCC :Yes / No

¶38

cmr To

¶39

The District Collector, Madurai District, Madurai.

¶40

4/5

¶41

https://www.mhc.tn.gov.in/judis

¶42

W.P.(MD)No.13391 of 2021

¶43

N.ANAND VENKATESH, J.

¶44

cmr

¶45

W.P.(MD)No.13391 of 2021

¶46

06.11.2023

¶47

5/5

¶48

https://www.mhc.tn.gov.in/judis

Murugesan.R v. the District Collector

Case brief

What is this about?

What did the court decide?

Murugesan.R 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

Similar cases

G.Vettievl Vs Union of India

Balsthar.S Vs the Dist.Collector

Ramakrishnan.T Vs the State of Tamil Nadu

K. Mukeshbabu Vs the State of Tamil Nadu

Mani Vs Thahsildar Officer

Ramasubramanian.D Vs The District Registrar