Dismissed

Muniyandi v. the District Collector

Madras HC6 Oct 2023WP(MD)/796/2010

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing District Collector and Superintendent of Police to take action against a respondent running an unauthorized lime manufacturing unit. The Court noted that no license is required and since representations indicated the license for the unit had expired, the writ petition was dismissed as no present illegality required intervention.

What did the court decide?

The writ petition was dismissed with no costs. The connected miscellaneous petition was closed.

Muniyandi Vs the District Collector — Environment and Pollution | Madras HC (2023)

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W.P.(MD) No.796 of 2010

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

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W.P.(MD) No.796 of 2010 and

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M.P.(MD) No.1 of 2010

Muniyandi

... Petitioner

-vs-

1.The District Collector Virudhunagar District Virudhunagar

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2.The Superintendent of Police Virudhunagar District Virudhunagar

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3.The District Environment Engineer Tamil Nadu Pollution Control Board 6-26, Sangi Street Madurai Road Virudhunagar

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_____________ Page 1 of 5_

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

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W.P.(MD) No.796 of 2010

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4.The Commissioner Panchayat Union Srivilliputhur Virudhunagar

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5.Sundaraj

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 & 2 to take appropriate legal action against the fifth respondent who is running the unauthorized lime manufacturing unit, which license was cancelled vide proceedings of the fourth respondent in O.Mu.A6/711/09, dated 30.03.2009, situated at Kamaraj Nagar, Thiruvanamalai Panchayat, Srivilliputhur Taluk, Virudhunagar District.

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For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.S.Shanmugavel Addl. Government Pleader for R1, R2 & R4 Ms.Vijayakumari Natarajan for R3 Mr.S.Rajasekar for M/s.Lajapathi Roy & Associates for R5

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Page 2 of 5

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

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W.P.(MD) No.796 of 2010

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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The relief sought for in this writ petition is to direct the

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respondents 1 & 2 to take appropriate legal action against the fifth respondent, who is running unauthorized lime manufacturing unit, for which license was cancelled vide proceedings of the fourth respondent in O.Mu.A6/711/09, dated 30.03.2009, situated at Kamaraj Nagar, Thiruvanamalai Panchayat, Srivilliputhur Taluk, Virudhunagar District.

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2. It is needless to state that no person is entitled to run lime manufacturing unit, without any licence.

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3. Learned Additional Government Pleader appearing for the respondents 1, 2 & 4, on instructions, submitted that the licence granted to the fifth respondent to run lime manufacturing unit had expired long back.

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4. In view of the above submission, if at all licence granted to the fifth respondent is renewed, the petitioner is at liberty to approach this Court by way of a fresh writ petition. If the licence is not renewed and if any

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Page 3 of 5

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

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W.P.(MD) No.796 of 2010

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illegality is committed by anybody in running the lime manufacturing unit without licence, then the State Government is bound to initiate appropriate action.

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5. With the above clarification, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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[S.M.S., J.] [V.L.N., J.]

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06.10.2023

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

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krk

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To: 1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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3.The Commissioner, Panchayat Union, Srivilliputhur, Virudhunagar.

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Page 4 of 5

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

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W.P.(MD) No.796 of 2010

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S.M.SUBRAMANIAM, J. and V.LAKSHMINARAYANAN, J.

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krk

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W.P.(MD) No.796 of 2010 and M.P.(MD) No.1 of 2010

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06.10.2023

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_____________ Page 5 of 5_

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

Muniyandi v. the District Collector

Case brief

What is this about?

What did the court decide?

Muniyandi 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

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